43Compensation for household services and attendant care services obtained as a result of a non‑catastrophic injury

#### 43 Compensation for household services and attendant care services obtained as a result of a non‑catastrophic injury (1) If, as a result of an injury (other than a catastrophic injury) to an employee, the employee obtains household services that he or she reasonably requires, compensation is payable at the rate of such amount per week as is reasonable in the circumstances. (2) The amount of compensation payable per week under subsection (1) for household services: (a) must not be more than $251.94; and (b) must not be less than 50% of the amount per week paid or payable by the employee for those services, unless the amount per week so paid or payable is more than $503.88. (3) Without limiting the matters that may be taken into account in determining the household services that are reasonably required in a particular case, the employer must have regard to the following matters: (a) the extent to which household services were provided by the employee before the date of the injury and the extent to which he or she is able to provide those services after that date; (b) the number of persons living with the employee as members of his or her household, their ages and their need for household services; (c) the extent to which household services were provided by the persons referred to in paragraph (b) before the injury; (d) the extent to which the persons referred to in paragraph (b), or any other members of the employee’s family, might reasonably be expected to provide household services for themselves and for the employee after the injury; (e) the need to avoid substantial disruption to the employment or other activities of the persons referred to in paragraph (b). > Note: In relation to paragraph (3)(d), see also section 16. (4) If, as a result of an injury (other than a catastrophic injury) to an employee, the employee obtains attendant care services that he or she reasonably requires, compensation is payable at the rate of: (a) $251.94 per week; or (b) an amount per week equal to the amount per week paid or payable by the employee for the services; whichever is less. (5) Without limiting the matters that may be taken into account in determining the attendant care services that are reasonably required in a particular case, the employer must have regard to the following matters: (a) the nature of the employee’s injury and the degree to which that injury impairs the employee’s ability to provide for his or her personal care; (b) the extent to which any medical service or nursing care received by the employee provides for his or her essential and regular personal care; (c) the extent to which it is reasonable to meet any wish by the employee to live outside an institution; (d) the extent to which attendant care services are necessary to enable the employee to undertake or continue employment; (e) any assessment made in relation to the rehabilitation of the employee; (f) the extent to which a relative of the employee might reasonably be expected to provide attendant care services. > Note: In relation to paragraph (5)(f), see also section 16. (6) An employer is not liable to pay compensation under subsection (1) in respect of any week within the period of 28 days starting on the day of the injury unless the employer determines otherwise in a particular case on the ground of financial hardship or the need to provide for adequate supervision of dependent children. (7) An amount of compensation payable under subsection (1) or (4) is payable: (a) if the employee has paid for the household services or attendant care services, as the case may be—to the employee; or (b) in any other case—to the person who provided those services. (8) If an amount of compensation is paid to a person who provided household services or attendant care services to an employee, the payment of the amount is, to the extent of the payment, a discharge of the liability of the employee to pay for those services.