New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.7

3.7 Weekly payments during second entitlement period (weeks 14-78 after motor accident)

(1) An earner who is injured as a result of a motor accident and suffers a total or partial loss of earnings as a result of the injury is entitled to weekly payments of statutory benefits under this section during the second entitlement period.

Note : Only a person who was an earner when injured is entitled to statutory benefits under this section--see Schedule 1.

(2) A weekly payment of statutory benefits under this section is to be at the rate of--

(a) in the case of total loss of earnings--80%, or

(b) in the case of partial loss of earnings--85%,

of the difference between the person's pre-accident weekly earnings and the person's post-accident earning capacity (if any) or post-accident earnings, whichever is the greater, after the first entitlement period.

(3) A weekly payment of statutory benefits to a person under this section is not to exceed the maximum weekly statutory benefits amount less the person's post-accident earning capacity (if any) or post-accident earnings, whichever is the greater, after the first entitlement period.

(4) A weekly payment of statutory benefits to a person under this section is not to be less than the minimum weekly statutory benefits amount or the person's pre-accident weekly earnings, whichever is the lesser.