Australian Capital Territory Consolidated Acts

WORKERS COMPENSATION ACT 1951 - SECT 41

    (1)     If a worker is entitled to receive weekly compensation under this section for a period, the worker is entitled to receive weekly compensation equal to—

        (a)     if 100% of the worker's average pre-incapacity weekly earnings is less than the pre-incapacity floor for the worker—100% of the worker's average pre-incapacity weekly earnings; or

        (b)     if 100% of the worker's average pre-incapacity weekly earnings is more, but 65% of those earnings is less, than the pre-incapacity floor for the worker—the statutory floor; or

Note     Statutory floor is defined in the dictionary.

        (c)     if 65% of the worker's average pre-incapacity weekly earnings is more than the pre-incapacity floor for the worker—whichever of the following is (at the time of payment) more:

              (i)     65% of the worker's average pre-incapacity weekly earnings;

              (ii)     the statutory floor.

Example for par (c)

Jim is injured at work and totally incapacitated for 14 weeks. After unsuccessfully attempting a return to work for 3 days, Jim is totally incapacitated for another 18 weeks. Jim is entitled under section 39 to compensation equal to his average pre-incapacity weekly earnings for the 14 weeks and the next 12 weeks of his total incapacity (making a total of 26 weeks not including the 3 days return to work). He is then entitled to be paid 65% of his pre-incapacity weekly earnings (or the statutory floor, if more at the time of payment) for the remaining period (6 weeks) he is totally incapacitated.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     In this section:

"pre-incapacity floor", for a worker, means the statutory floor that applied immediately before the initial incapacity date for the worker in relation to the injury.