Injured person’s post-injury earning capacity
100 Injured person’s post-injury earning capacity
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.
An injured person’s fitness for work must be determined having regard to the following:
the nature of the person’s injury and the likely process of recovery;
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;
any income the person receives from engaging in employment after the motor accident;
any fitness for work certificates the person provides.
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.
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