RETURN TO WORK ACT 2014 - SECT 39
RETURN TO WORK ACT 2014 - SECT 39
39—Weekly payments over designated periods for workers other than
seriously injured workers
(1) Subject to this
Act, if a worker, other than a seriously injured worker, suffers a work injury
that results in incapacity for work, the worker is entitled to weekly payments
in respect of that incapacity in accordance with the following principles:
(a) if
any period of incapacity for work occurs within the period of 52 weeks
from the date on which the incapacity for work first occurs (the "first
designated period )—
(i)
for any period during the first designated period when
the worker has no current work capacity—the worker is entitled to weekly
payments equal to the worker's notional weekly earnings; and
(ii)
for any period during the first designated period when
the worker has a current work capacity—the worker is entitled to weekly
payments equal to the difference between the worker's notional weekly earnings
and the worker's designated weekly earnings;
(b) if
any period of incapacity for work occurs within the period of 52 weeks
beginning immediately after the end of the period that applies under
paragraph (a)
(the "second designated period")—
(i)
for any period during the second designated period when
the worker has no current work capacity—the worker is entitled to weekly
payments equal to 80% of the worker's notional weekly earnings; and
(ii)
for any period during the second designated period when
the worker has a current work capacity—the worker is entitled to weekly
payments equal to 80% of the difference between the worker's
notional weekly earnings and the worker's designated weekly earnings.
(2) For the purposes
of this section, the "designated weekly earnings of a worker will be taken to
be the current weekly earnings of the worker in employment or self-employment
(if any) but not so as to include a prescribed benefit.
(3) A worker has no
entitlement to weekly payments under this section in respect of a work injury
after the end of the period of 104 weeks from the date on which the
incapacity for work first occurs (that is, after the end of the second
designated period).