49Total loss of earning capacity

49 Total loss of earning capacity

(1) The Commission is liable to pay to an earner who, as a result of a transport accident—

(b) suffers total loss of earning capacity—

a weekly payment in respect of that loss after the first 18 months after the accident or after the earner ceases to be entitled to payments under section 44 or 45, whichever last occurs, while that loss continues.

S. 49(2)(a) amended by No. 84/1994 s. 33(2)(a).

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

S. 49(2)(b) amended by No. 84/1994 ss 33(2)(b), 55(2)(e).

(b) if the earner has no dependants—$270; or

S. 49(2)(c) amended by No. 84/1994 s. 32(2)(c).

S. 49(2)(c)(i) amended by No. 84/1994 s. 55(2)(e).

(i) $270; and

S. 49(2)(c)(ii) amended by No. 84/1994 s. 55(2)(c).

(ii) $76 for one dependant; and

S. 49(2)(c)(iii) amended by No. 84/1994 s. 55(2)(a).

(iii) $25 for each other dependant—

S. 49(3)(a) amended by No. 84/1994 ss 32(2)(d), 55(2)(h).

(a) $504; or

S. 49(3)(b) amended by No. 84/1994 s. 32(2)(e).

(b) 100 per centum of the earner's pre-accident earning capacity—

(4) A person who receives a weekly payment under this section in respect of a transport accident must, within two months after each anniversary of the date on which the person first received a payment under this section in respect of that accident, give the Commission a statement of earnings in the prescribed form with particulars about the person's earnings (if any) in the year preceding that anniversary.

earner includes a person injured as a result of a transport accident who, at the time of the accident, was not an earner, but has attained the age of 18 years after the accident;

S. 49(5) def. of pre-accident earning capacity substituted by No. 84/2000 s. 15(1).

pre-accident earning capacity in relation to an earner who suffers loss of earning capacity as a result of an injury in a transport accident, means the amount the Commission determines as the weekly amount the earner had the capacity to earn before the transport accident in employment reasonably available to the earner in view of the earner's training, skills and experience less such amount as the Commission reasonably considers to be the amount of income tax that would have been payable on that weekly amount under the Commonwealth Income Tax Assessment Act 1936.

S. 49(5A) inserted by No. 84/2000 s. 15(2), amended by Nos 44/2014 s. 33(Sch. item 29(1)), 18/2022 s. 27.