98Compensation for maims

98 Compensation for maims

S. 98(1) amended by Nos 67/1992 s. 18(1)(2)(a)–(d), 50/1994 s. 41(1)(a)–(e), 80/2010 s. 59(1)(a).

(1) A worker who suffers an injury which entitled the worker to compensation is, in respect of an injury mentioned in the Table in Schedule 3A, entitled to compensation equal to—

S. 98(1)(a) amended by No. 7/1996 s. 49(e).

(a) the percentage of $100 300 set out opposite to that injury in the Table; or

S. 98(1)(b) amended by No. 7/1996 s. 49(e).

(b) the assessed percentage of $100 300 within the range set out opposite that injury in the Table—

calculated, subject to subsection (2), as at the date of the injury.

S. 98(1) Table amended by No. 60/1996 s. 11(2), repealed by No. 80/2010 s. 59(1)(b).

(2) If the compensation payable under this section is for industrial deafness, the amount of compensation shall be calculated—

S. 98(2)(a) amended by No. 80/2010 s. 89(1)(a).

(a) if the date of injury is deemed under section 88(4) to be the last day of the worker's employment out of which or in the course of which the injury arose—as at that day; or

S. 98(2)(b) amended by No. 80/2010 s. 89(1)(b).

(b) if the date of injury is deemed under section 88(5) to be the date of the claim—as at the day on which the compensation is determined.

S. 98(2AA) inserted by No. 50/1994
s. 41(2), substituted by No. 50/1994

(2AA) Compensation is not payable under this section for a loss of hearing unless the percentage of the diminution of hearing determined in accordance with subsection (2AB) is at least 7[11], [12].

S. 98(2A) inserted by No. 67/1992
s. 18(3), substituted by No. 50/1994

(2A) If compensation is payable under this section for a loss of hearing, the percentage of the maximum amount payable for total loss is the percentage of the diminution of hearing determined in accordance with subsection (2AB)[13], [14].

S. 98(2AB) inserted by No. 50/1994

(2AB) For the purposes of this section, the percentage of diminution of hearing[15]—

S. 98(2AB)(a) amended by Nos 7/1996
s. 23(1), 80/2010 s. 89(2), substituted by No. 27/2025 s. 48(1).

(a) must be assessed as a binaural loss of hearing and determined by a medical practitioner in the manner approved by the Minister; and

S. 98(2AB)(b) amended by No. 80/2010 s. 89(2).

(b) must be assessed as a binaural loss of hearing and determined in accordance with the Improved Procedure for Determination of Percentage Loss of Hearing (1988 Edition or a later prescribed edition) published by the National Acoustic Laboratory.