RETURN TO WORK ACT 2014 - SECT 41
RETURN TO WORK ACT 2014 - SECT 41
41—Weekly payments for seriously injured workers
(1) Subject to this
Act, if 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 after the end of the period that
applies under paragraph (a)—
(i)
for any 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 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 subsection (1), 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) If—
(a) a
worker is paid weekly payments under subsection (1); and
(b) the
worker is subsequently, on account of an assessment of whole person impairment
under this Act, determined not to be a seriously injured worker,
the worker will be entitled to continue to receive payments under this section
as if the worker were a seriously injured worker until the expiration of
8 weeks from the date of the assessment (and then any further entitlement
to weekly payments will be determined on the basis that the worker is not a
seriously injured worker and weekly payments paid under this section until
then will not be recoverable from the worker).