Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 44

Total loss of earnings

44. Total loss of earnings



(1) The Commission is liable to pay to an earner who is injured as a result of
a transport accident and suffers a total loss of earnings as a result of, or
materially contributed to by, the injury a weekly payment in respect of loss
of earnings during the period of entitlement.

(2) Subject to subsection (3), the amount of the weekly payment is-

   (a)  80 per centum of the earner's pre-accident weekly earnings; or

   (b)  if the earner has no dependants-$304; or





   (c)  if the earner has dependants-an amount equal to the sum of-

   (i)  $304; and

   (ii) $85 for one dependant; and

   (iii) $27 for each other dependant-

whichever is the greater.

(3) A weekly payment must not exceed-

   (a)  $621; or





   (b)  100 per centum of the earner's pre-accident weekly earnings-

whichever is the lesser.

(4) In this section, period of entitlement in relation to a person injured as
a result of a transport accident means the period during which the person
suffers total loss of earnings as a result of, or materially contributed to
by, the injury but does not include-

   (a)  subject to section 43(2), 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;
        or

   (b)  any period after the first 18 months after the accident.