Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 43

Liability for losses in first five days etc.

43. Liability for losses in first five days etc.



(1) The Commission-

   (a)  is not liable to pay compensation under this Part to an earner injured
        as a result of a transport accident in respect of loss of earnings
        during the first five days after the accident or after the injury
        first manifests itself, whichever last occurs, in respect of which, or
        any part of which, the earner suffers any loss of earnings as a result
        of, or materially contributed to by, the injury; and

   (b)  subject to subsections (1A), (1B) and (1C), is not liable to pay the
        first $389 (as varied from time to time in accordance with section 61)
        of the reasonable costs of medical services received because of an
        injury as a result of a transport accident.

(1A) The Commission is liable to pay the whole of the reasonable costs of
medical services received by a person because of an injury as a result of a
transport accident if the person dies as a result of that injury12.

(1B) The Commission is liable to pay the whole of the reasonable costs of
medical services received by a person after that person has been an in-patient
for 1 day because of an injury as a result of a transport accident13.

(1C) For the purposes of subsection (1), a claim by a person injured as a
result of a transport accident and a claim by any member of the immediate
family of that person who is also injured as a result of the same transport
accident is to be treated as if it were one claim14.



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(2) If, by reason of subsection (1)(a), the Commission is not liable to make a
payment to an earner in respect of loss of earnings, the Commission may make
such a payment if it is satisfied that the earner would suffer acute financial
hardship if a payment were not made.

Division 3-Benefits