45Partial loss of earnings

45 Partial loss of earnings

(1) The Commission is liable to pay to an earner who is injured as a result of a transport accident and suffers a partial loss of earnings as a result of, or materially contributed to by, the injury a weekly payment under this section in respect of loss of earnings during the period of entitlement.

(2) Subject to subsection (3), if the earner is employed the amount of the weekly payment under subsection (1) is—

(a) 85 per centum of the difference between the earner's current weekly earnings and the earner's pre-accident weekly earnings; or

S. 45(2)(b) amended by No. 84/1994 s. 55(2)(f).

(b) if the earner has no dependants—$304, less the earner's actual weekly earnings; or

S. 45(2)(c)(i) amended by No. 84/1994 s. 55(2)(f).

S. 45(2)(c)(ii) amended by No. 84/1994 s. 55(2)(d).

S. 45(2)(c)(iii) amended by No. 84/1994 s. 55(2)(b).

less the earner's actual weekly earnings—

(3) A weekly payment under this section for an earner who is employed must not exceed—

S. 45(3)(a) amended by No. 84/1994 s. 55(2)(i).

(a) $621, less the earner's current weekly earnings; or

(b) 100 per centum of the earner's pre-accident weekly earnings, less the earner's actual weekly earnings—

(4) Subject to subsection (5), if the earner is not employed, the amount of the weekly payment under this section is—

(a) 80 per centum of the earner's pre-accident weekly earnings; or

S. 45(4)(b) amended by No. 84/1994 s. 55(2)(f).

(b) if the earner has no dependants—$304; or

S. 45(4)(c)(i) amended by No. 84/1994 s. 55(2)(f).

S. 45(4)(c)(ii) amended by No. 84/1994 s. 55(2)(d).

S. 45(4)(c)(iii) amended by No. 84/1994 s. 55(2)(b).

(5) A weekly payment under this section for an earner who is not employed must not exceed—

S. 45(5)(a) amended by No. 84/1994 s. 55(2)(i).

(b) 100 per centum of the earner's pre-accident weekly earnings—

S. 45(5A) inserted by No. 18/2022 s. 26.

(5A) For the purposes of this section and despite anything to the contrary in section 4, 4A or 5, the pre-accident weekly earnings for an earner who was, immediately before the transport accident, receiving a weekly payment under section 44 or this section in respect of loss of earnings suffered as a result of, or materially contributed to by, an injury resulting from a previous transport accident, are the pre-accident weekly earnings for the earner immediately before the previous transport accident.

S. 45(6) def. of amended by No. 94/2004 s. 5(2).