Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 157

157 Total incapacity

(1) The compensation payable to a totally incapacitated person is a payment under this section.

(2) The payment for a person who is not in employment or self-employed is the amount (if any) that WorkCover considers is reasonable.

(3) However, the payment under subsection (2) must not be more than 70% of QOTE.

(4) The payment for a person who is employed, but not self-employed, is a payment under section 150, 151, 152, 153, 154 or 155.

(5) The payment for a person who is self-employed is, for each week--

(a) for the first 26 weeks of the incapacity--
(i) if subparagraph (ii) does not apply--80% of QOTE; or
(ii) if the person replaces the person's labour--the payment under subsection (6); and
(b) from the end of the first 26 weeks of the incapacity until the end of the first 2 years of the incapacity, the greater of the following--
(i) 70% of QOTE;
(ii) the reasonable cost of labour paid to replace the person; and
(c) from the end of the first 2 years of the incapacity until the end of the first 5 years of the incapacity--
(i) if a person demonstrates to WorkCover that the injury could result in a WRI of more than 15%--the greater of the following--
(A) 75% of the person's NWE;
(B) 70% of QOTE; or
(ii) otherwise--an amount equal to the single pension rate.

(6) For subsection (5)(a)(ii), the amount is--

(a) if paragraph (b) does not apply--85% of the reasonable cost of labour paid to replace the person; or
(b) if the reasonable cost of labour paid to replace the person is less than 80% of QOTE--the reasonable cost of labour paid to replace the person.


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