TRANSPORT ACCIDENT ACT 1986 - SECT 45 Partial loss of earnings
TRANSPORT ACCIDENT ACT 1986 - SECT 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
S. 45(2)(b) amended by No. 84/1994 s. 55(2)(f).
(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—
S. 45(2)(c)(i) amended by No. 84/1994 s. 55(2)(f).
(i) $304; and
S. 45(2)(c)(ii) amended by No. 84/1994 s. 55(2)(d).
(ii) $85 for one dependant; and
S. 45(2)(c)(iii) amended by No. 84/1994 s. 55(2)(b).
(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—
S. 45(3)(a) amended by No. 84/1994 s. 55(2)(i).
(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
S. 45(4)(b) amended by No. 84/1994 s. 55(2)(f).
(b) if the earner has no dependants—$304; or
(c) if the earner has dependants—an amount equal to the sum of—
S. 45(4)(c)(i) amended by No. 84/1994 s. 55(2)(f).
(i) $304; and
S. 45(4)(c)(ii) amended by No. 84/1994 s. 55(2)(d).
(ii) $85 for one dependant; and
S. 45(4)(c)(iii) amended by No. 84/1994 s. 55(2)(b).
(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—
S. 45(5)(a) amended by No. 84/1994 s. 55(2)(i).
(a) $621; or
(b) 100 per centum of the earner's pre-accident weekly earnings—
whichever is the lesser.
S. 45(5A) inserted by No. 18/2022 s. 26.
(5A) For the purposes of this section and despite anything to the contrary in section 4, 4A or 5, the pre-accident weekly earnings for an earner who was, immediately before the transport accident, receiving a weekly payment under section 44 or this section in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, are the pre-accident weekly earnings for the earner immediately before the previous transport accident.
(6) In this section—
S. 45(6) def. of current weekly earnings amended by No. 94/2004 s. 5(2).
"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.
S. 45AA inserted by No. 94/2004 s. 8.