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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3549..


Schedule 7 (green sheet)

Workers Compensation Amendment Bill Legislative Assembly for the ACT: 2001

Amendments circulated by Minister for Urban Services

17

New clause 7A

Page 21, line 25-

After clause 7, insert the following new clause:

7A New parts 4.3 to 4.8

insert

Part 4.3 Weekly compensation

8A What if the worker is dead?

(1) A worker is not entitled to weekly compensation if the worker is dead.

(2) However, this section does not affect an entitlement to weekly compensation that accrued before the worker's death.

8B When do weekly compensation payments begin?

If the worker is entitled to compensation for a compensable injury-

(a) the payment of weekly compensation must begin when the worker gives notice of the injury to the employer; and

(b) the worker is entitled to weekly compensation from the date of the injury.

8C Totally incapacitated workers

(1) This section applies if a worker is totally incapacitated because of a compensable injury.

(2) For 26 weeks after the incapacity date, the worker is entitled to receive weekly compensation equal to the worker's average pre-incapacity weekly earnings.

Note  Incapacity date is defined in the dict.

(3) After the 26 weeks, the worker is entitled to receive weekly compensation equal to-

(a) if 100% of the worker's average pre-incapacity weekly earnings is less than the pre-incapacity floor for the worker-100% of the worker's average pre-incapacity weekly earnings; or

(b) if 100% of the worker's average pre-incapacity weekly earnings is more, but 65% of those earnings is less, than the pre-incapacity floor for the worker-the statutory floor; or

Note Statutory floor is defined in the dict.

(c) if 65% of the worker's average pre-incapacity weekly earnings is more than the pre-incapacity floor for the worker-whichever of following is (at the time of payment) more:

(i) 65% of the worker's average pre-incapacity weekly earnings;

(ii) the statutory floor.


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