Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 45

Partial loss of earnings

45. Partial 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 partial loss of earnings as a result of, or
materially contributed to by, the injury a weekly payment under this section
in respect of loss of earnings during the period of entitlement.

(2) Subject to subsection (3), if the earner is employed the amount of the
weekly payment under subsection (1) is-

   (a)  85 per centum of the difference between the earner's current weekly
        earnings and the earner's pre-accident weekly earnings; or

   (b)  if the earner has no dependants-$304, less the earner's actual weekly
        earnings; 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-

less the earner's actual weekly earnings- whichever is the greater.



(3) A weekly payment under this section for an earner who is employed must not
exceed-

   (a)  $621, less the earner's current weekly earnings; or



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

whichever is the lesser.

(4) Subject to subsection (5), if the earner is not employed, the amount of
the weekly payment under this section 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.

(5) A weekly payment under this section for an earner who is not employed must
not exceed-

   (a)  $621; or





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

whichever is the lesser.

(6) In this section-

current weekly earnings in relation to an earner means the earnings of the
earner during the week in respect of which a weekly payment is made;

period of entitlement in relation to a person injured as a result of a
transport accident means the period during which the person suffers a partial
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.