ACCIDENT PAY. The company shall pay accident pay as defined in the award, during the incapacity of their employee/s arising from any one injury, for a total of fifty-two (52) weeks - irrespective of whether such incapacity is in one continuous period or not.
ACCIDENT PAY. (a) Accident pay for incapacity resulting from injury
(i) In respect of incapacity which results from an injury the Employer shall pay an Employee accident pay where the Employee receives an injury for which weekly payments are payable by or on behalf of the Employer pursuant to the provisions of the relevant State Legislation relating to Workers’ Compensation as applicable from time to time.
ACCIDENT PAY. 28.1 An Employer will be required to pay, and an Employee will be entitled to receive, accident pay in accordance with this clause 28.
ACCIDENT PAY. Partial incapacity
(a) Where an Employee is partially incapacitated within the meaning of the WIRC Act, the term accident pay means a weekly payment of amount representing the difference between:
(i) the total amount of compensation paid to the Employee during the period of incapacity under the WIRC Act for the week together with the average weekly amount they are earning;
(ii) the total weekly wage rate, as varied from time to time, and any weekly over Agreement payment being paid to the Employee at the date of the injury and which would have been payable for the Employee's classification for the week in question if they had been performing their normal duties, provided that - in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the Employer will not be taken into account.
ACCIDENT PAY i) Total Incapacity - In the case of an employee who is or deemed to be totally incapacitated within the meaning of the Workers Compensation Act (hereinafter referred to as the Act) and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under Section 9.1(b)(i) of the Act for the week in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payment.
ii) Partial Incapacity - In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under Section 9.1(b)(ii) of the Act for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (and determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total ordinary weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payments. The total ordinary weekly rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to Section 9.6(1) of the Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect to that injury.
iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arisin...
ACCIDENT PAY. Employees, on being absent from work due to an injury, shall be entitled to accident pay being a weekly payment of an amount representing the difference between the total amount payable under the Accident Compensation Act and the ordinary weekly rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) accident pay shall not apply in respect of the first five normal working days of incapacity;
(c) accident pay entitlement shall commence only after the first four weeks of employment with the employee’s present employer;
(d) the maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compen...
ACCIDENT PAY. An Employer will be required to pay, and an employee will be entitled to receive, accident pay in accordance with this clause.
ACCIDENT PAY. 32.1 Subject to this clause 32, where an Employee is receiving a weekly payment of compensation in respect of an incapacity under the WIRC Act, the Employee will receive accident make up pay equal to the ordinary time earnings they would ordinarily receive, less the amount of weekly compensation.
32.2 Accident make up pay will only be payable to an eligible Employee whilst that Employee remains in the employment of the Employer.
32.3 An Employer is not liable to pay accident make up pay:
(a) in relation to an incapacity which occurred during the first two (2) weeks of the employment unless such incapacity continues beyond the first two (2) weeks of employment in which case the maximum period of payment of accident make up pay will apply only to the period of incapacity after the first two (2) weeks;
(b) in relation to any injury, during the first five (5) normal working days of incapacity. However, an Employee who contracts an infectious disease in the course of duty is entitled to receive workers’ compensation therefore will receive accident pay from the first day of incapacity;
(c) for any period that weekly payments under the WIRC Act cease;
(d) whilst the Employee is on any other paid leave provided for in this Agreement;
(e) unless the Employee has given notice in writing to the Employer of an injury as soon as practicable after the occurrence of the injury;
(f) upon the death of the Employee.
ACCIDENT PAY. 63.1 Subject to this clause, where an Employee is receiving a weekly payment of compensation in respect of an incapacity under the Accident Compensation Act 1985, the Employee will receive accident make up pay equal to the ordinary time earnings they would ordinarily receive, less the amount of weekly compensation.
63.2 Accident make up pay shall only be payable to an eligible Employee whilst that Employee remains in the employment of the Employer.
63.3 An Employer is not liable to pay accident make up pay:
63.3.1 in relation to an incapacity which occurred during the first two weeks of the employment unless such incapacity continues beyond the first two weeks of employment in which case the maximum period of payment of accident make up pay will apply only to the period of incapacity after the first two weeks;
63.3.2 in relation to any injury, during the first five normal working days of incapacity. However, an Employee who contracts an infectious disease in the course of duty is entitled to receive workers’ compensation therefore shall receive accident pay from the first day of incapacity;
63.3.3 for any period any period that weekly payments under the Act cease;
63.3.4 whilst the Employee is on any other paid leave provided for in Section 2;
63.3.5 unless the Employee has given notice in writing to the Employer of an injury as soon as practicable after the occurrence of the injury;
63.3.6 upon the death of the Employee.
63.4 The maximum period or aggregate periods of accident make up pay for which the Employer is liable under this clause is 39 weeks for any one injury.
ACCIDENT PAY. (1) This clause shall apply to all employees covered by this award and the circumstances under which an employee shall qualify for accident pay shall be prescribed hereunder.
(2) The employer shall pay an employee accident pay where the employee received an injury for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the Workers' Compensation and Assistance Act, 1981 as amended from time to time.
