How Attendant Care Rates Are Calculated in Personal Injury Claims
- DB Forensic
- 2 days ago
- 3 min read
When someone is seriously injured and requires ongoing assistance with everyday tasks, the cost of that care forms one of the most significant components of a compensation claim.
But how is the hourly rate for that care actually determined? And why does it change every six months?
Understanding how attendant care rates are set helps both plaintiffs and legal teams ensure that this component of a claim is correctly calculated and properly supported.
What Is Attendant Care
Attendant care refers to the personal assistance a person requires as a result of their injury. This can include help with bathing, dressing, cooking, cleaning, and other activities of daily living.
In serious injury matters, future attendant care needs can extend for decades. The lump sum required to fund that care can therefore represent a very large portion of the total damages award.
The care may be provided by a professional service provider or by a family member or friend. Both scenarios attract compensation under NSW personal injury legislation, though the assessment approach may differ slightly.
Where the Rates Come From
Attendant care rates in NSW are not set by the courts directly. They are derived from Australian Bureau of Statistics data on average weekly earnings.
Specifically, the rate is calculated as 1/40th of the All Persons Total Weekly Earnings figure for New South Wales, as published by the ABS for the most recent relevant period.
This figure represents a standard hourly rate based on a 40-hour working week applied to average weekly earnings. The logic is that care is valued by reference to what an ordinary worker earns in the open labour market.
How the Rate Has Changed Over Time
Because the rate is linked to ABS average weekly earnings data, which is published every six months, the attendant care rate also updates every six months.
Recent rates have been:
$32.18 per hour for the period from 17 November 2018 to 17 May 2019
$36.24 per hour for the period from 20 May 2023 to 18 November 2023
$39.82 per hour for the period from 16 November 2024 to 16 May 2025
The upward trend reflects the broader growth in average weekly earnings across the NSW workforce over this period.
For past care claims that span multiple years, the correct rate for each period must be applied rather than a single current figure. Using today's rate to calculate care provided three years ago will produce an overstated past care figure.
Which Legislation Applies
The attendant care rate calculated in this way applies under several pieces of NSW legislation, including:
The Motor Accidents Compensation Act 1999, under Section 141B
The Motor Accidents Act 1988, under Section 72
The Civil Liability Act 2002, under Sections 15 and 15A
For claims under workers compensation legislation, a different framework applies and the rate may differ.
Identifying which Act governs the claim before applying any attendant care rate is an important starting point.
How Future Care Is Valued
For future attendant care needs, a present value calculation is required.
The weekly care hours are multiplied by the applicable hourly rate to produce a weekly cost figure. That figure is then converted to a lump sum using a discount rate multiplier appropriate to the expected care period.
The care period is usually linked to life expectancy, which introduces a further layer of analysis. Small differences in the estimated care period can produce significant differences in the final lump sum.
Why Accuracy in This Area Matters
Attendant care is often one of the largest single heads of damage in a serious injury claim. An error in the hourly rate, the number of hours assessed, or the discount period can result in a substantial difference in the total award.
At DB Forensic, we apply current and historical attendant care rates correctly across each relevant period, cross-reference the applicable legislation, and present future care calculations clearly with the underlying assumptions stated.
Preparing an Attendant Care Claim
If you are working on a matter involving past or future attendant care and want to make sure the rate and calculation are correct, DB Forensic can assist.