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Accident Compensation Act 2001

Entitlements and related matters - Incapacity for employment

103: Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor

You could also call this:

"ACC decides if you can work after getting hurt while employed, on parental leave, or donating an organ"

The Accident Compensation Corporation (ACC) must decide if you are unable to work because of a personal injury. This applies if you were working, on unpaid parental leave, or donating an organ when you got hurt.

ACC will look at whether you can do the job you had when you were injured. If you can't do that job because of your injury, ACC will say you are "incapacitated for employment". This means you are unable to work.

This rule only applies to injuries that ACC covers. If ACC doesn't cover your injury, these rules don't apply to you.

The Compensation for Live Organ Donors Act 2016 is mentioned because it protects people who donate organs. If you were getting payments under this act when you got hurt, ACC will check if you can work.

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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=DLM101458.

Topics:
Health and wellbeing > Healthcare servicesWork and jobs > Worker rights
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102: Procedure in determining incapacity under section 103 or section 105, or

"How ACC decides if you can work after an injury"

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104: Effect of determination under section 103 on entitlement to weekly compensation, or

"What happens to your weekly payments if ACC decides you can work"

Part 4Entitlements and related matters
Incapacity for employment

103Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor

  1. The Corporation must determine under this section the incapacity of—

  2. a claimant who was an earner at the time he or she suffered the personal injury:
    1. a claimant who was on unpaid parental leave at the time he or she suffered the personal injury:
      1. a claimant who was within a payment period under the Compensation for Live Organ Donors Act 2016 at the time he or she suffered the personal injury.

        1. The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in employment in which he or she was employed when he or she suffered the personal injury.

        2. If the answer under subsection (2) is that the claimant is unable to engage in such employment, the claimant is incapacitated for employment.

        3. The references in subsections (1) and (2) to a personal injury are references to a personal injury for which the person has cover under this Act.

        4. Subsection (4) is for the avoidance of doubt.

        Notes
        • Section 103 heading: amended, on , by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).
        • Section 103 heading: amended, on , by section 21(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
        • Section 103(1)(c): inserted, on , by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).
        • Section 103(4): added, on , by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
        • Section 103(5): added, on , by section 21(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).