Injured person’s post-injury earning capacity

Current

(1)

The relevant insurer for a motor accident may make a decision about an injured person’s post-injury earning capacity, including for the purpose of assessing the person’s fitness for work as a result of the person’s injury.

(2)

An injured person’s fitness for work must be determined having regard to the following:

(a)

the nature of the person’s injury and the likely process of recovery;

(b)

treatment and care needs, including the likelihood that treatment and care will enhance earning capacity and any temporary incapacity that may result from treatment and care;

(c)

any income the person receives from engaging in employment after the motor accident;

(d)

any fitness for work certificates the person provides.

(3)

The MAI guidelines may make provision for the matters to be taken into account by a relevant insurer and the procedures for determining an injured person’s post-injury earning capacity.

This Act’s bill:Explanatory statement Second reading speech

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100 Injured person’s post-injury earning capacity