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s 83

Meaning of pre-injury weekly income—casual worker

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.4Defined benefits—income replacement benefits
Division 2.4.1Income replacement benefits—important concepts

83 Meaning of pre-injury weekly income—casual worker

(1)

In this Act:

pre-injury weekly income, for a casual worker, means the higher of the following:

(a)

the average weekly amount of the sum of the following amounts from all paid work undertaken by the person in the 52 weeks immediately before the date of the motor accident:

(i)

the person’s gross income as an employee;

(ii)

the person’s net income as a self-employed person;

(b)

if the person worked the 260 hours in the 13 weeks immediately before the date of the motor accident or is unable to give evidence of the person’s income in the 52 weeks immediately before the date of the motor accident—the average weekly amount of the sum of the following amounts from all paid work undertaken by the person in the 13 weeks:

(i)

the person’s gross income as an employee;

(ii)

the person’s net income as a self-employed person.

(2)

In this section:

casual worker means a person injured in a motor accident who—

(a)

was not, on the date of the motor accident—

(i)

an ongoing employee or fixed term contractor; or

(ii)

a self‑employed person; but

(b)

was in paid work for at least 260 hours in the 52 weeks immediately before the date of the motor accident.

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