31Compensation for injuries resulting in incapacity

#### 31 Compensation for injuries resulting in incapacity (1) This section applies to an employee who is incapacitated for work as a result of an injury, other than an employee to whom section 33, 34, 35, 36 or 37 applies. (2) Subject to subsection (3) and this Part (other than this section), compensation for the injury is payable to the employee, for each of the first 45 weeks (whether consecutive or otherwise) during which the employee is incapacitated, of an amount worked out using the formula:  where: > Normal weekly earnings means the amount of the employee’s normal weekly earnings. > Earnings in suitable employment means the amount per week (if any) that the employee is able to earn in suitable employment. (3) If the employee is a seafarer, the compensation payable under subsection (2) is payable for each of the first 45 weeks (whether consecutive or otherwise) after the date on which the seafarer is left on shore at, or returned to, his or her home port (as defined in the Navigation Act 2012). (4) Subject to this Part (other than this section), compensation for the injury is payable to the employee, for each week during which the employee is incapacitated, being a week to which subsection (2) does not apply. (5) The amount of compensation per week payable under subsection (4) to an employee is: (a) if the employee is not employed during that week—an amount equal to 75% of his or her normal weekly earnings less the amount (if any) that he or she was able to earn during that week in suitable employment; or (b) if the employee is employed for 25% or less of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 80% of his or her normal weekly earnings; or (c) if the employee is employed for more than 25% but not more than 50% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 85% of his or her normal weekly earnings; or (d) if the employee is employed for more than 50% but not more than 75% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 90% of his or her normal weekly earnings; or (e) if the employee is employed for more than 75% but less than 100% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 95% of his or her normal weekly earnings; or (f) if the employee is employed for 100% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 100% of his or her normal weekly earnings. (6) If: (a) compensation is payable under subsection (4) to an employee for a week; and (b) the employee is employed or engaged during the whole or any part of that week as a seafarer; subsection (5) applies in relation to the employee as if he or she were covered by paragraph (5)(f). (7) If an amount of compensation worked out under subsection (5) is more than 150% of the amount called the Average Weekly Ordinary Time Earnings of Fulltime Adults, as published from time to time by the Australian Statistician, the amount so worked out must be reduced by an amount equal to the excess. (8) If an amount of compensation worked out under paragraph (5)(a) is less than the minimum earnings of the employee, the amount so worked out must be increased by an amount equal to the difference between that amount and the minimum earnings. (9) For the purposes of subsection (8), the minimum earnings of an employee are taken to be: (a) $254.46, or, if subsection (10) or (11) applies to the employee, the sum of $254.46 and the amount or amounts required to be added under whichever of those subsections applies; or (b) an amount equal to 90% of the employee’s normal weekly earnings; whichever is less. (10) If there are one or more prescribed persons wholly or mainly dependent on the employee, the amount of $62.99 must be added to the amount of $254.46 specified in paragraph (9)(a). (11) If there are one or more prescribed children (whether born before, on or after the date of the injury) wholly or mainly dependent on the employee, the amount of $31.50 for each of those children must be added to the amount of $254.46 specified in paragraph (9)(a), but an amount must not be so added for a child in relation to any period before the date of birth of that child. (12) If a prescribed child is: (a) a prescribed person in relation to the employee; and (b) the only prescribed person who is wholly or mainly dependent on the employee; subsection (11) does not apply to the child. (13) If 2 or more prescribed children are each: (a) a prescribed person in relation to the employee; and (b) wholly or mainly dependent on the employee; subsection (10) applies to one of those children and subsection (11) applies to the rest. (14) For the purposes of this section the normal weekly hours of an employee who is not employed on a ship are: (a) if the industrial instrument or National Employment Standards that apply to the employee specifies the normal weekly hours of an employee—those hours; or (b) in any other case—38 hours.