125Liability to pay compensation

125 Liability to pay compensation S. 125(1AAA) inserted by No. 50/1993 s. 75(1). (1AAA) This section does not apply to the liability to pay compensation in respect of an injury arising out of or in the course of any employment on or after 4 p.m. on 30 June 1993. (1) Where a worker or a worker's dependants are entitled to compensation, the liability to pay compensation shall be assumed— S. 125(1)(a) amended by Nos 83/1987 s. 67(a), 67/2013 s. 637(2). (a) if the total amount of leviable remuneration paid or payable by an employer during a financial year exceeds the exemption limit within the meaning of section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013**—by the worker's employer in the case of— S. 125(1)(a)(i) substituted by No. 83/1987 s. 67(b), amended by (i) weekly payments in respect of a worker who has no current work capacity or has a current work capacity, being a full-time worker for the first five days of the period of incapacity resulting from the relevant injury; and S. 125(1)(a)(ii) amended by No. 48/1986 s. 20(a), substituted by No. 83/1987 s. 67(b), amended by (ii) a proportion of the weekly payments in respect of a worker who has no current work capacity or has a current work capacity who is not a full-time worker with that employer for the first five days of the period of incapacity resulting from the relevant injury; and S. 125(1)(a)(iii) amended by Nos 7/1996 s. 49(i), 102/2004 s. 40(c), 80/2010 s. 83(a), 67/2013 s. 633(a). (iii) payment of the first $642 of the reasonable costs referred to in section 99(1)(a) in relation to the relevant injury; and S. 125(1)(b) amended by No. 67/1992 (b) in all other cases—by the Authority. S. 125(1A) inserted by No. 48/1986 s. 20(b). (1A) If a worker is employed by more than one employer at the time of the injury and is injured while travelling between one place of employment and another the liability to pay compensation under subsection (1)(a) is to be assumed as follows: (a) Each employer providing those places of employment shares the liability in the same proportion as the number of hours per week worked by the worker for that employer bears to the total number of hours per week worked by the worker for all of his or her employers; S. 125(1A)(b) amended by No. 67/1992 (b) The Authority is to meet any liability remaining after the two employers have shared the liability in accordance with paragraph (a). S. 125(1AA) inserted by No. 83/1987 s. 67(c), amended by No. 64/1989 s. 20(1). (1AA) If a worker who has been receiving weekly payments returns to work, an employer of the worker is not liable to make payments under subsection (1)(a) in respect of any injury to the worker occurring within the first twelve months after the worker returns to work. S. 125(2) amended by No. 67/1992 (2) A payment or payments made by an employer to a worker to discharge the employer's liability under subsection (1)(a) shall not prejudice the determination of the liability of the Authority under subsection (1)(b). (3) The proportion for the purposes of subsection (1)(a)(ii) is the number of hours per week which the worker works for the employer as a proportion of the total number of hours per week which the worker works for all employers. S. 125(4) amended by No. 83/1987 s. 67(d). (4) In subsection (1)(a), a reference to a relevant injury in relation to a worker does not include a reference to a recurrence of any pre-existing injury or disease in respect of which the worker is entitled to compensation under this Act where the worker's employment was a contributing factor to that recurrence. S. 125(5) substituted by No. 48/1986 s. 20(c), amended by No. 67/1992 s. 64(7)(a), repealed by No. 102/2004 s. 35(3). S. 125(5A) inserted by No. 48/1986 s. 20(c), repealed by No. 102/2004 s. 35(3). S. 125(5B) inserted by No. 48/1986 s. 20(c), amended by No. 67/1992 s. 64(7)(a), repealed by No. 102/2004 s. 35(3). S. 125(5C) inserted by No. 48/1986 s. 20(c), repealed by No. 102/2004 s. 35(3). S. 125(6) inserted by No. 10255 s. 8(2)(b), amended by No. 10255 s. 8(4). (6) Subsection (1)(a) does not apply to the liability to pay compensation in respect of an injury to a worker receiving remuneration of a kind referred to in paragraph (h) or (i) of the definition of ***remuneration*** in section 5. S. 125(7) inserted by No. 83/1987 s. 67(e). (7) Subsection (1)(a) does not apply to the liability to pay compensation in respect of an injury— (a) resulting from a transport accident within the meaning of the **Transport Accident Act 1986**; and (b) deemed to have arisen out of or in the course of any employment by reason of section 83(2) (except section 83(2)(a)(i)) of this Act. S. 125(8) inserted by No. 83/1987 s. 67(e). (8) For the purposes of subsection (1), in calculating the first five days of the period of incapacity resulting from the relevant injury— (a) the day on which the incapacity commenced shall be included; and (b) any day on which the worker would not have worked if he or she had not suffered the injury shall be excluded. S. 125A inserted by No. 50/1993 s. 75(2).