4Pre-accident weekly earnings

4 Pre-accident weekly earnings

S. 4(1) amended by No. 32/1988 s. 5(1)(a)(b), substituted by No. 94/2004 s. 5(1).

(1) In this Act, pre-accident weekly earnings, in relation to an earner (other than a self-employed person) who is injured as a result of a transport accident, means the weekly average of the gross earnings received by the earner as an earner during the 12 months immediately before the relevant day, unless subsection (2) applies.

S. 4(1A) inserted by No. 32/1988 s. 5(2), substituted by No. 94/2004 s. 5(1).

(1A) In this section relevant day means the day of the accident or the day when the injury first manifested itself, whichever is the later day.

S. 4(1B) inserted by No. 32/1988 s. 5(2), repealed by No. 94/2004 s. 5(1).

S. 4(1BA) inserted by No. 84/2000 s. 5, repealed by No. 94/2004 s. 5(1).

S. 4(1C) inserted by No. 84/1994 s. 17, amended by No. 73/1996
s. 97(b), repealed by No. 94/2004 s. 5(1).

S. 4(2) substituted by No. 94/2004 s. 5(1).

(2) In the following cases, in this Act pre‑accident weekly earnings, in relation to an earner (other than a self-employed person) who is injured as a result of a transport accident, means—

(a) if, on the relevant day, the earner was earning continuously, but had not been earning continuously for at least 12 months, the weekly average of the gross earnings received by the earner as an earner during the period from when the earner started to earn continuously to immediately before the relevant day; or

(b) if subsection (3) applies, the weekly average of the gross earnings received by the earner as an earner during the period from when the change of circumstance referred to in that subsection occurred to immediately before the relevant day; or

(c) if the earner is an earner by reason of an arrangement to which section 3(2)(b) applies, the average weekly gross earnings that the earner could reasonably have been expected to earn, but for the injury, in employment under that arrangement.

This section, as amended by section 5 of the Transport Accident (Amendment) Act 2004, only applies to an earner who was injured in a transport accident that occurs on or after the date of commencement of section 5—see section 185. Section 5 inserted subsections (1), (1A), (2), (2A) and (3).

S. 4(2A) inserted by No. 94/2004 s. 5(1).

(2A) For the purposes of this section, an earner earns continuously if he or she obtains earnings from permanent employment or from a source that, on the relevant day, was likely to continue for a period of at least 6 months to provide earnings to the earner on the same, or a similar, basis to the basis on which the earnings were being provided as at the relevant day.