Document ID: chunk:federal_register_of_legislation:C2025C00116:section:31:p1
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 31 (pt 1/3)
Character Range: 66125–68613

31  Compensation for injuries resulting in incapacity
 (1) This section applies to an employee who is incapacitated for work as a result of an injury, other than an employee to whom section 33, 34, 35, 36 or 37 applies.
 (2) Subject to subsection (3) and this Part (other than this section), compensation for the injury is payable to the employee, for each of the first 45 weeks (whether consecutive or otherwise) during which the employee is incapacitated, of an amount worked out using the formula:

where:
Normal weekly earnings means the amount of the employee's normal weekly earnings.
Earnings in suitable employment means the amount per week (if any) that the employee is able to earn in suitable employment.
 (3) If the employee is a seafarer, the compensation payable under subsection (2) is payable for each of the first 45 weeks (whether consecutive or otherwise) after the date on which the seafarer is left on shore at, or returned to, his or her home port (as defined in the Navigation Act 2012).
 (4) Subject to this Part (other than this section), compensation for the injury is payable to the employee, for each week during which the employee is incapacitated, being a week to which subsection (2) does not apply.
 (5) The amount of compensation per week payable under subsection (4) to an employee is:
 (a) if the employee is not employed during that week—an amount equal to 75% of his or her normal weekly earnings less the amount (if any) that he or she was able to earn during that week in suitable employment; or
 (b) if the employee is employed for 25% or less of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 80% of his or her normal weekly earnings; or
 (c) if the employee is employed for more than 25% but not more than 50% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 85% of his or her normal weekly earnings; or
 (d) if the employee is employed for more than 50% but not more than 75% of his or her normal weekly hours during that week—an amount that, when added to the amount that he or she was able to earn during that week in suitable employment, results in an amount equal to 90% of his or her normal weekly earnings; or
 (e) if the employee is employed for