Victorian Current Acts

WORKERS COMPENSATION ACT 1958 - SECT 11

S. 11(1) amended by No. 9840 s. 3(1)(a)(b) (as amended by No. 10100 s. 16).

    (1)     Notwithstanding anything in the foregoing provisions of this Act as to the rate of compensation, but subject to the following provisions of this section, the amount of compensation payable for any injury mentioned in the first column of the Table appended to this subsection shall, subject to the said Table, be the amount which is the percentage set out opposite such injury in the second column of the said Table of the maximum amount payable under Clause 1(a)(ii) of The Clauses Referred To in section 9 at the time of the injury.

S. 11(1) Table substituted by Nos 7292 s. 7(1), 8084 s. 3, 8271 s. 4, 8733 s. 7, amended by No. 9840 s. 3(2)(a)–(v).

THE TABLE REFERRED TO
Injury	Percentage
Total loss of the sight of both eyes	100
Total loss of the sight of an only eye	100
Loss of both hands	100
Loss of both feet	100
Loss of a hand and a foot	100
Total and incurable loss of mental powers involving inability to work	100
Total and incurable paralysis of the limbs or of mental powers	100
Total loss of the right arm or of the greater part of the right arm	80
Total loss of the left arm or of the greater part of the left arm	75

THE TABLE REFERRED TO— continued

Injury	Percentage
Total loss of the right hand or of five fingers of the right hand, or of the lower part of the right arm	70
Total loss of the same for the left hand and arm	65
Total loss of a leg	75
Total loss of a foot	65
Total loss of the lower part of the leg	70
Total loss of the sight of one eye, together with the serious diminution of the sight of the other eye	75
Total loss of hearing	65
Total loss of the hearing of one ear	20
Total loss of the sight of one eye	40
Loss of binocular vision	40
Total loss of the thumb of the right hand	30
Total loss of the thumb of the left hand	26
Total loss of the forefinger of the right hand	21
Total loss of the forefinger of the left hand	18
Total loss of two joints of the forefinger of the right hand	16
Total loss of two joints of the forefinger of the left hand	12
Total loss of a joint of the thumb	16
Total loss of the first joint of the forefinger of the right hand	10
Total loss of the first joint of the forefinger of the left hand	9
Total loss of the first joint of the middle or little or ring finger of either hand	6
Total loss of the middle finger of either hand	12
Total loss of the little or ring finger of either hand	11
Total loss of two joints of the middle finger of either hand	10
Total loss of two joints of the little or ring finger of either hand	9
Total loss of the great toe of either foot	22

THE TABLE REFERRED TO— continued

Injury	Percentage
Total loss of a joint of the great toe of either foot	10
Total loss of any other toe	6
Total loss of a joint of any other toe	2
Partial loss of the sight of both eyes or of an only eye	Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens.
Partial loss of the sight of one eye	Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of sight measured without the aid of a correcting lens.
Partial loss of the hearing of both ears or of an only ear	Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of hearing measured without any hearing aid.
Partial loss of the hearing of one ear	Such percentage of the maximum amount payable for total loss as is equal to the percentage of the diminution of hearing measured without any hearing aid.

For the purposes of this Table—

(a)     the total loss of a limb hand foot finger thumb toe or joint or any part thereof shall be deemed to include the permanent total loss of the use of such limb hand foot finger thumb toe joint or part; and

(b)     where a worker habitually uses his left hand and arm to perform work usually performed by a worker with his right hand and arm the compensation payable for the loss of such left arm or the greater part of the arm or for the total loss of the left hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the left hand shall be such amount as would have been payable for a similar loss in respect of his right arm or the part or parts thereof, but in any such case the compensation for the loss of the right arm or the greater part of that arm or for the total loss of the right hand or of five fingers thereof or of the lower part of that arm or of a finger or part of a finger of the right hand shall be such amount as would have been payable for a similar loss in respect of his left arm or the part or parts thereof if he did not habitually use his left hand and arm to perform work usually performed by a worker with his right hand and arm.

Where a worker suffers on the same occasion more than one of the injuries mentioned in this Table he shall not in any case be entitled to receive as compensation under this section and this Table more than the maximum amount payable under Clause 1(a)(ii) of The Clauses Referred To in section 9 at the time of injury.
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S. 11(2) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).

    (2)     Where a worker suffers any injury—

        (a)     which as to the major part thereof consists of an injury for which compensation is payable under the said Table; or

        (b)     which consists of a lesser but substantial degree of any injury for which compensation is payable under the said Table—

the injury shall, subject to the following provisions of this section, be regarded as an injury for which compensation based on the said Table shall be payable, and the County Court may award as compensation such amount as, having regard to the provisions of the said Table, appears to be just and proportionate to the degree of injury suffered.

    (3)     Nothing in the foregoing provisions of this section or in the said Table shall limit the amount of compensation payable for any injury during any period of incapacity due to illness resulting from that injury, and the amount of compensation payable pursuant to the foregoing provisions of this section and the said Table shall be payable in addition to any weekly payments payable in respect of incapacity due to that illness.

S. 11(4) amended by Nos 10191 s. 270(14)(a), 67/1992 s. 64(11)(b).

    (4)     Where a worker has suffered an injury for which compensation would, but for the provisions of this subsection, be payable under the foregoing provisions of this section, and it appears to the County Court—

        (a)     that the amount of compensation which would be so payable would be substantially less than the amount of compensation which would be payable under the provisions of subsection (2) of section nine of this Act if compensation were assessable under that subsection; and

S. 11(4)(b) amended by No. 7292 s. 7(2).

        (b)     that, because of the nature of his injury in relation to the nature of his former usual employment, the amount of compensation under the foregoing provisions of this section would be inadequate—

then the County Court may award compensation pursuant to the provisions of the said subsection (2) of section nine without regard to the foregoing provisions of this section and the said Table.

Division 3—Compensation for industrial diseases

Nos 5601 s. 12, 5676 ss 4(2)(e), 6(3), 5715 s. 7.