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EMERGENCY MANAGEMENT ACT 1986 - SECT 28 Compensation for personal injuries

EMERGENCY MANAGEMENT ACT 1986 - SECT 28

Compensation for personal injuries

S. 28(1) amended by Nos 67/2013 s. 649(Sch. 9 item 14(3)(a)), 5/2021 s. 45.

    (1)     Compensation for personal injury (including death) and provisional payments are to be paid in accordance with and subject to the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 , as the case requires to, or for the benefit of, those persons to whom, or for whose benefit, compensation or provisional payments would be payable under that Act if—

S. 28(1)(a) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1).

        (a)     the volunteer emergency worker had been, at the time the personal injury was suffered, a worker employed by the Crown; and

        (b)     the personal injury had arisen out of or in the course of that employment—

within the meaning of that Act.

S. 28(2) amended by Nos 75/1986 s. 12(1), 97/1994 s. 15(1), 67/2013 s. 649(Sch. 9 item 14(3)(b)).

    (2)     For the purpose of assessing the amount of any compensation payable under this section, the average weekly earnings of a volunteer emergency worker are to be computed by reference to the worker's employment during the relevant period before the personal injury was suffered or (if the worker was not then working under a contract of service) upon such basis as is best calculated to give the appropriate compensation for loss of earning capacity, but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 are not exceeded.

S. 28(3) inserted by No. 97/1994 s. 15(2).

    (3)     For the purposes of enabling the return to work of a volunteer emergency worker who suffers a personal injury while engaged in emergency activity, the Authority may—

S. 28(3)(a) amended by Nos 9/2010 s. 137(a), 67/2013 s. 649(Sch. 9 item 14(3)(c)).

        (a)     plan the worker's return to work under the Workplace Injury Rehabilitation and Compensation Act 2013 ;



S. 28(3)(b) amended by No. 9/2010 s. 137(b).

        (b)     approve a provider of occupational rehabilitation services for the purposes of planning the worker's return to work under paragraph (a);

        (c)     provide alternative assistance or programs to the worker or in respect of the employment of the worker.

S. 28(4) inserted by No. 97/1994 s. 15(2).

    (4)     Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 32(2) as if the costs and expenses were a payment of compensation and section 32(3) shall apply accordingly.