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Transport Accident Act 1986
43Liability for losses in first five days etc.
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43 Liability for losses in first five days etc.
S. 43(1) amended by No. 84/1994 ss 8(1), 55(2)(g), substituted by No. 1/2018 s. 4(1).
(1) The Commission is not liable to pay compensation under this Part to an earner injured as a result of a transport accident in respect of loss of earnings during the first five days after the accident or after the injury first manifests itself, whichever last occurs, in respect of which, or any part of which, the earner suffers any loss of earnings as a result of, or materially contributed to by, the injury.
S. 43(1A)(1B) inserted by No. 84/1994 s. 8(2), repealed by No. 1/2018 s. 4(2).
S. 43(1C) inserted by No. 84/1994 s. 8(2), amended by No. 60/2007 s. 7(1), repealed by No. 1/2018 s. 4(2).
S. 43(1D) inserted by No. 84/1994 s. 8(2), amended by No. 27/2001 s. 4(Sch. 2 item 4.5), repealed by No. 60/2007 s. 7(2).
S. 43(2) amended by No. 1/2018 s. 4(3).
(2) If, by reason of subsection (1), the Commission is not liable to make a payment to an earner in respect of loss of earnings, the Commission may make such a payment if it is satisfied that the earner would suffer acute financial hardship if a payment were not made.