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MOTOR ACCIDENTS (COMPENSATION) ACT 1979 - SECT 17 Compensation for loss of limb or other permanent impairment

MOTOR ACCIDENTS (COMPENSATION) ACT 1979 - SECT 17

Compensation for loss of limb or other permanent impairment

    (1)     Compensation for permanent impairment is payable under this section to an eligible person if:

        (a)     the injury suffered in, or as a result of, the motor accident results in a permanent impairment; and

        (b)     the extent of the impairment, as assessed by the Commission, is at least 5%.

    (1A)     The amount of the compensation is, subject to subsection (2), the assessed percentage of the prescribed amount.

    (2)     Where the percentage of permanent impairment of a person is assessed by the Commission as a percentage of 5% or more but less than 15% as shown in Column 1 of the following Table, the percentage of the prescribed amount payable as compensation shall be that shown in Column 2 of the Table opposite to the relevant percentage in Column 1:

TABLE

Column 1

Column 2

Degree of impairment

Percentage of prescribed amount payable

not less than 5%

but less than 10%

2

10%

3

11%

4

12%

6

13%

8

14%

12

    (3)     In this section prescribed amount , in relation to a payment, means 208 times average weekly earnings at the time the payment is made.

    (4)     After compensation based on an assessment of the extent of a permanent impairment has been paid, no further right to compensation under this section arises even though the extent of the impairment later increases.

    (5)     Compensation for a permanent impairment may only be paid under this section to, or for the benefit of, a person who is, at the time of the payment, in Australia.



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