Accident Make. Up Pay will not apply in some circumstances
(a) in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks;
(c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement:
(i) following a request to do so by the Employer; and
(ii) the Employer providing the Employee details of the requirements of the position; and
(iii) where the Employee knew, or ought to have known, that the nature of the injury, may impact on the ability of the Employee to undertake the work;
(e) where the injury subject to recurrence, aggravation or acceleration as provided under workers’ compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month;
(f) where in accordance with the WIRC Act a medical practitioner provides information to an Employer of an Employee’s fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act;
(h) in respect of any paid leave of absence.
Accident Make up pay shall not apply in respect of any injury during the first five (5) normal working days of incapacity.
Accident Make up pay not payable
(a) if the Employee is on any form of paid leave; or
(b) where the incapacity arises from an industrial disease contracted by a gradual process and, at the time of the incapacity, the Employee had been employed for less than four weeks.
Accident Make. Up Pay is the difference between the employees Pre Injury Average Weekly Earnings (‘PIAWE ‘) as defined within the Accident Compensation Act 1985, as is amended from time to time, or in respect of an injury occurring on or after 1 July 2014, the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) as amended from time to time, or as may be replaced in the future (‘the WIRC Act’) and the amount of weekly compensation payable to that employee pursuant to the WIRC Act, the amount to be calculated subject to subclause (g).
Accident Make up pay shall not apply:
(a) in respect of any injury during the first five normal working days of incapacity;
(b) to any incapacity occurring during the first three weeks of employment unless that incapacity continues beyond the first three weeks;
(c) during any period when the employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner;
(d) where the injury for which the employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the employee failed to disclose the injury on engagement following a request to do so by the employer in circumstances where the employee knew or ought to have known about the nature of the injury;
(e) where in accordance with the Act a medical practitioner provides information to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and that work is made available by an employer but not commenced by an employee;
(f) when the claim has been commuted or redeemed in accordance with the Act; or
(g) in respect of any period of annual leave, long service leave or for any paid public holiday.
Accident Make. Up Pay The Company will provide accident make-up pay to an Employee in relation to an injury compensable under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (as amended) (the WIRCA) or an injury covered by journey insurance for a maximum period of 26 weeks. The level of accident make-up pay is determined having regard to payments made and calculated in accordance with the WIRCA. The level of payments under the WIRCA and this clause are subject to a right of review.
Accident Make up pay shall only be payable to an eligible Employee whilst that Employee remains in the employment of Epworth.
Accident Make. Up Pay will not apply in some circumstances
27.4.1 in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity;
27.4.2 to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks;
27.4.3 during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner;
27.4.4 where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement:
(a) following a request to do so by the Branch; and
Accident Make up pay shall not apply:
(a) in respect of any injury during the first five normal working days of incapacity;
(b) to any incapacity occurring during the first three weeks of employment unless that incapacity continues beyond the first three weeks;
(c) during any period when the Employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the Employee failed to disclose the injury on engagement following a request to do so by the Employer in circumstances where the Employee knew or ought to have known about the nature of the injury;
(e) where in accordance with the Act a medical practitioner provides information to an Employer of an Employees fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(f) when the claim has been commuted or redeemed in accordance with the Act; or
(g) in respect of any period of annual leave, long service leave or for any paid public holiday.
Accident Make. Up Pay - Period of Leave and Make-Up Pay
43.3.1 Maximum Period of Make-Up Pay-Total Incapacity
