Accident Compensation Act 2001

  • not the latest version
  • This version was replaced on 17 July 2018 to make corrections to sections 172(2)(b) and 298(3), and clauses 34(1), (2), 36(1), (2), 38(2)(a), (b), (c), 39(2)(a), (b), and (c) of Schedule 1 under section 25(1)(k) of the Legislation Act 2012.
  • Previous title has changed

Employer’s duty to pay first week compensation

97 Employee’s right to receive first week compensation

(1)

First week compensation for loss of earnings is payable to a claimant who—

(a)

has an incapacity resulting from—

(i)

a work-related personal injury for which he or she has cover; or

(ii)

a motor vehicle injury to which section 29(2) applies, being a motor vehicle injury that is also a work-related personal injury; and

(b)

was an employee immediately before his or her incapacity commenced.

(2)

The compensation payable is 80% of the amount of earnings as an employee lost by the employee, as a result of the incapacity, during the first week of incapacity.

(3)

For the purposes of this section, there is a presumption that the earnings the claimant loses as a result of the incapacity is the difference between—

(a)

the claimant’s earnings in the 7 days before his or her incapacity commenced; and

(b)

the claimant’s earnings in the first week of incapacity.

(4)

The presumption can be rebutted by proof to the contrary.

Compare: 1998 No 114 s 76