AI Summary of 74. Injury benefit.
The document outlines the entitlements of insured persons to injury benefit following personal injury caused by an accident at work on or after 1 May 1967. An insured person is entitled to injury benefit for any day of incapacity, excluding the first three days. Exceptions apply for those entitled to jobseeker’s benefits shortly before the incapacity and for individuals with prior periods of incapacity. Additional conditions regarding statutory sick leave under the Act of 2022 are specified, stating that no benefit is payable for days covered by sick leave provisions or related employer schemes.
Determination of incapacity excludes days compensated by holiday leave, and the assessment for incapacity considers only the part of the day after an accident. Injury benefit is payable at a specified weekly rate, calculated daily as one-sixth of this rate. Payment amounts may be rounded according to specific rules, and individuals under 16 years are excluded from entitlement except as stipulated by regulation.
74. Injury benefit.
(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