Motor Accident Injuries Act 2019
100Injured person’s post-injury earning capacity
Start here
Get a plain-English read of 100
Turn the raw legal text into a practical explanation grounded in Motor Accident Injuries Act 2019.
100 Injured person’s post-injury earning capacity (1) The relevant insurer for a motor accident may make a decision about an injured person’s post-injury earning capacity, including for the purpose of assessing the person’s fitness for work as a result of the person’s injury. (2) An injured person’s fitness for work must be determined having regard to the following: (a) the nature of the person’s injury and the likely process of recovery; (b) treatment and care needs, including the likelihood that treatment and care will enhance earning capacity and any temporary incapacity that may result from treatment and care; (c) any income the person receives from engaging in employment after the motor accident; (d) any fitness for work certificates the person provides. (3) The MAI guidelines may make provision for the matters to be taken into account by a relevant insurer and the procedures for determining an injured person’s post-injury earning capacity.