Yes. If you’re unable to work because of your injury, compensation is available under the accident compensation scheme, administered by ACC (see the chapter “Accident compensation (ACC)”).
You’ll receive 80% of your wages (“earnings related compensation”). The first week’s compensation is paid by your employer and then by ACC after that. There are also some lump-sum payments available for specified permanent injuries (for example, the loss of a limb).
If your employer pleads guilty to a charge under the Health and Safety at Work Act, you may be offered the chance to participate in a restorative justice process with them before sentencing. It’s up to you whether you do this.
Employers who are convicted of breaching health and safety laws can be fined and ordered to pay reparation. The inspector will talk with you and prepare a Victim Impact Statement to be given to the judge at sentencing – this will give details of the effect on the offending on you. The Victim Impact Statement should cover your physical injuries, any emotional harm and financial expenses. Reparation could include the 20% of lost wages that were not covered by ACC, compensation for any emotional harm you suffered, and related out-of-pocket expenses like any medical bills or counselling fees.
Sentencing Act 2002, s 14
Note: If the employer would otherwise be fined and ordered to pay reparation, but can’t afford to pay both, the judge will order reparation only.