Social Welfare Consolidation Act 2005 section 74

Injury benefit

Section 74 establishes the conditions for entitlement to injury benefit when an insured employee suffers a work-related accident.

  • Employees injured at work are entitled to injury benefit for each day they cannot work due to the injury, provided the employment is insurable for occupational injuries purposes.
  • Benefit is not normally paid for the first 3 days of incapacity, but this waiting period is waived for those who were recently receiving jobseeker's payments or who had a recent period of incapacity for work.
  • Injury benefit cannot be claimed for days covered by statutory sick leave or an employer's sick leave scheme, unless the employer holds an exemption from the statutory sick leave requirements.
  • The daily benefit rate is one-sixth of the weekly rate specified in Schedule 2, rounded to the nearest 10 cent.

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