Accident pay means Clause Samples
The 'Accident pay means' clause defines what constitutes accident pay within the context of an agreement or policy. Typically, this clause specifies the type and amount of compensation an employee is entitled to receive if they are injured at work and unable to perform their duties, often supplementing statutory workers' compensation payments. For example, it may outline the duration and calculation method for such payments, and clarify eligibility criteria. The core function of this clause is to ensure employees are financially supported during periods of work-related injury, thereby providing clarity and security for both employers and employees.
Accident pay means. (i) In the case of an employee who is or deemed to be totally incapacitated within the meaning of the relevant State Workers' Compensation Act, which arises from an injury covered by this Agreement, a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Workers' Compensation Act for the week in question and normal weekly earnings as defined.
(ii) In the case of an employee who is or deemed to be partially incapacitated within the meaning of the relevant State Workers' Compensation Act which arises from an injury covered by the Agreement means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Workers' Compensation Act for the week in question together with any payments made for work undertaken in the week in question and normal weekly earnings as defined.
(iii) Payment for Part of a Week — where an employee received accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata.
Accident pay means. (a) Total Incapacity
(i) the total amount of compensation, including allowances, paid to the employee during the period of incapacity under the Act for the week; and
(ii) the total weekly Agreement rate, 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;
Accident pay means. Total incapacity Where an employee is or is determined to be totally incapacitated within the meaning of the WIRC Act, the term accident pay means a weekly payment of an amount representing the difference between:
i. the total amount of compensation, including allowances, paid to the employee during the period of incapacity under the WIRC Act for the week; and
ii. the total weekly Agreement rate, 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 ancillary payment payable by Aruma shall not be taken into account. Partial incapacity 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 and the average weekly amount they are earning;
ii. the total weekly Agreement 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 ancillary payment payable by Aruma shall not be taken into account.
Accident pay means. (a) In the case of an employee who is or deemed to be totally incapacitated within the meaning of the relevant state Workers' Compensation Act, which arises from an injury covered by this clause, a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Workers Compensation Act for the. week in question and normal weekly earnings as defined.
(b) In the case of an employee who is or deemed to be partially incapacitated within the meaning of the relevant State Workers Compensation Act which arises from an injury covered by the clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Workers Compensation Act for the week in question together with any payments made for work undertaken in the week in question and normal weekly earnings as defined
(c) Where an employee receives accident pay and such pay is payable for incapacity for part of the week the amount shall be a direct pro rata.
Accident pay means. (a) In the case of an employee who is or deemed to be totally incapacitated within the meaning of the relevant state Workers’ Compensation Act, which arises from an injury covered by this clause, a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State Workers Compensation Act for the week in question and normal weekly earnings as defined.
Accident pay means. (a) Employees deemed to be totally incapacitated In the case of an employee who is deemed to be totally incapacitated and is entitled to weekly compensation payments on an accepted Work Cover claim, the following improvements to make-up pay calculation will apply: • For weeks 2 to 13 of the entitlement, make up pay will be the difference between the Work Cover entitlement and the employees' 38-hour current weekly base rate for a day worker, which would have been payable for the employee's normal classification for the week in question, if they had been performing their normal duties. • For weeks 14 to 52, make up pay will be the lesser of the difference between:
1. The Work Cover entitlement and the employees' 38-hour current weekly base rate for a day worker, which would have been payable for the employee's normal classification for the week in question, if they had been performing their normal duties, Or
2. The employees' 38-hour current weekly base rate for a day worker, which would have been payable for the employee's normal classification, and eighty percent of Pre Injury Average Weekly Earnings (as deemed by the compensation legislation) excluding overtime and/or shift allowances. Shift premiums, overtime payments, fares and travelling allowances, tool allowance, special rates or other similar payments are not included for the purposes of the above calculations.
(b) Employees deemed to be partially incapacitated In the case of an employee who is deemed to be partially incapacitated and is entitled to weekly compensation payments on an accepted Work Cover claim, the following improvements to make-up pay calculation will apply: • Make-up pay will be the employees' 38-hour current weekly base rate for a day worker, which would have been payable for the employee's normal classification for the week in question if they had been performing their normal duties, less notional earnings (as deemed by the compensation legislation) and less the Work Cover entitlement. Shift premiums, overtime payments, fares and travelling allowances, tool allowance, special rates or other similar payments are not included.
