New South Wales Consolidated Acts

WORKERS COMPENSATION ACT 1987 - SECT 38

38 Partially incapacitated workers not suitably employed-special initial payments while seeking employment

(1) Entitlement If:

(a) a worker is partially incapacitated for work as a result of an injury, and

(b) the worker is not suitably employed during any period of that partial incapacity for work,

the worker is to be compensated in accordance with this section during each such period as if the worker’s incapacity for work were total.

(2) Maximum period of entitlement The maximum total period for which the worker may be so compensated is 52 weeks.

(3) Rate of compensation When a worker is so compensated, the compensation is payable at the relevant rate prescribed by this Act for the period of incapacity concerned. However, after the first 26 weeks of incapacity, the rate is the greater of the following rates:

(a) 80% of the worker’s current weekly wage rate (that is, 80% of the rate prescribed by this Act for the first 26 weeks of incapacity),

(b) the statutory indexed rate (that is, the rate prescribed by this Act for a period of incapacity after the first 26 weeks).

(4) Worker to seek suitable employment Compensation is not payable to a worker in accordance with this section during any period unless the worker is seeking suitable employment during that period (as determined in accordance with section 38A).