38When do weekly compensation payments begin etc?

38 When do weekly compensation payments begin etc? (1) If the worker is or may be entitled to compensation for a compensable (a) the payment of weekly compensation must begin when the worker gives notice of the injury to the employer; and (b) the worker is or may be entitled to weekly compensation from the date of the injury. Note An employer is liable to pay compensation if the employer’s worker suffers personal injury arising out of, or in the course of, the worker’s employment (see s 31 (1)). (2) However, if, at the end of 7 days after the date of the injury, the worker has not made a claim for compensation— (a) payment of weekly compensation ends; and (b) the worker is not entitled to weekly compensation for the injury for the period— (i) beginning on the day 8 days after the date of the injury; and (ii) ending on the day before the day the worker makes a claim for the injury. (3) Subsection (2) does not apply in relation to the worker if— (a) the worker cannot make a claim before the end of the 7-day period because of the injury; and (b) the worker makes the claim not later than 7 days after the day the worker is first able to make the claim.

(4) An employer commits an offence if the employer— (a) is required under subsection (1) to begin the payment of workers compensation to a worker; and (b) fails to comply with the requirement.