(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, the person is incapable of work during the injury benefit period.

(2) An insured person shall not be entitled to injury benefit in respect of the first 3 days on which, as a result of the injury, he or she is incapable of work.

(2A) Subsection (2) shall not apply to a person who had an entitlement to jobseeker's benefit or jobseeker's allowance for any day or days in the period of 14 consecutive days ending on the day before the first day on which, as a result of the injury, he or she is incapable of work.

(2B) Subsection (2) shall not apply to a person who had a period of incapacity for work immediately before, or not more than 3 days before the first day on which, as a result of the injury, he or she is incapable of work.

(2C) Notwithstanding subsections (2), (2A) and (2B), a person shall not be entitled to injury benefit -

(a) for any day in respect of which the person is entitled to statutory sick leave under the Act of 2022, or