What Your Weekly Wage Has to Do With Your Compensation: A Guide to Average Weekly Earnings Data

DB Forensic
5 days ago
3 min read

Forensic accountant reviewing ABS average weekly earnings data for New South Wales to benchmark economic loss in a personal injury compensation claim

When a forensic accountant prepares an economic loss report, one of the most important reference points is not a number specific to the plaintiff at all. It is a figure published by the Australian Bureau of Statistics.

Average weekly earnings data is used across multiple parts of a personal injury assessment, from setting the earnings cap under the Civil Liability Act to determining attendant care rates and benchmarking a plaintiff's pre-injury income.

Understanding what this data is, where it comes from, and how it is used helps lawyers and their clients make sense of why certain figures appear in economic loss reports.

What Average Weekly Earnings Data Is

The Australian Bureau of Statistics publishes average weekly earnings data twice a year, based on periods ending in May and November. The data is broken down by gender, employment type, and state.

The key figure used in most NSW personal injury matters is the All Persons Total Weekly Earnings for New South Wales. This represents the average total weekly earnings of all employed persons in the state, including ordinary time earnings and overtime.

As at May 2025, that figure for New South Wales was $1,592.70 per week.

The corresponding national figure, covering all of Australia, was $1,542.30 per week for the same period.

How It Is Used in Personal Injury Claims

Average weekly earnings data is relevant in several distinct ways in a compensation assessment.

First, it sets the statutory cap on loss of earnings claims under the Civil Liability Act 2002. Section 12 of that Act limits the court's consideration of economic loss to a maximum of three times the average weekly earnings at the date of the award. Based on the May 2025 NSW figure, that cap was approximately $4,778 per week.

Second, it is the basis for calculating attendant care rates. The hourly rate for attendant care services is calculated as 1/40th of the All Persons Total Weekly Earnings, meaning the attendant care rate also moves every six months as ABS data is updated.

Third, it provides a benchmark for assessing a plaintiff's relative earnings position. When a plaintiff's pre-injury income is higher or lower than average, this context helps explain the magnitude of the loss and can be relevant to how future earnings growth is projected.

Why the Data Changes Over Time

Because average weekly earnings are influenced by wage growth across the economy, the ABS figures increase over time. This means the statutory cap, attendant care rates, and any benchmarks derived from this data all shift accordingly.

For past loss assessments, the correct ABS figure for each relevant period must be applied. For example, the May 2022 NSW all persons total weekly earnings were $1,363.40. Applying today's figure to a loss period from 2022 would produce an incorrect result.

For future loss assessments, the current figure is typically used as the starting point, with adjustments made based on assumed real wage growth or indexation.

Industry-Level Data and Its Role

The ABS also publishes average weekly earnings broken down by industry. As at May 2025, weekly earnings ranged considerably across sectors, from retail trade and hospitality at the lower end to mining, financial and insurance services, and electricity and utilities at the higher end.

This industry-level data is useful when benchmarking a plaintiff's income, assessing the earnings profile of a particular occupation, or considering what comparable employees in the same industry earn.

The Role of Forensic Accounting

Identifying and applying the correct ABS data is a routine but important part of preparing an accurate economic loss report.

At DB Forensic, we maintain current and historical ABS average weekly earnings data for both NSW and Australia, apply the correct figures to each relevant period and each applicable head of damage, and explain clearly in our reports how the data has been used and why.

For legal teams reviewing reports prepared by other parties, checking whether the correct ABS figures have been used is one of the first things worth confirming.