Workers’ Compensation and Rehabilitation Act 2003

This section applies if a court is considering making an award of damages for loss of earnings that are unable to be precisely calculated by reference to a defined weekly loss.

The court may only award damages if it is satisfied that the worker has suffered or will suffer loss having regard to the person’s age, work history, actual loss of earnings, any permanent impairment and any other relevant matters.

If the court awards damages, the court must state the assumptions on which the award is based and the methodology it used to arrive at the award.

The limitation mentioned in section 306I(2) applies to an award of damages under this section.