Accident Compensation Act 2001

Entitlements and related matters - Employer's duty to pay first week compensation

98: Employer's duty to pay first week compensation

You could also call this:

"Your boss must pay you for the first week you're off work if you get hurt at work"

If you get hurt at work or in a motor vehicle accident while working, your employer has to pay you for the first week you're off work due to the injury. This is called "first week compensation".

Your employer can ask you to show proof of your injury before they pay you. For example, they might want you to get a note from a doctor or other health professional. Your employer will choose the health professional and pay for the visit.

If your employer doesn't pay you the first week compensation when they're supposed to, they're breaking the law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101449.


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97: Employee's right to receive first week compensation, or

"You can get money for the first week you miss work due to an injury at work"


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99: First week compensation is salary or wages for certain purposes, or

"First week injury pay counts as regular pay for some legal purposes"

Part 4Entitlements and related matters
Employer's duty to pay first week compensation

98Employer's duty to pay first week compensation

  1. The employer in whose employment the claimant suffered the work-related personal injury or the motor vehicle injury referred to in section 97(1)(a)(ii) is liable to pay all the first week compensation to which the claimant is entitled.

  2. Before paying first week compensation, the employer may require the employee to meet reasonable requirements as to the production of evidence of the personal injury such as, for example, the production of a certificate by a registered health professional nominated and paid by the employer.

  3. An employer who fails to comply with subsection (1) commits an offence.