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Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Weekly compensation

367: Multiple employment

You could also call this:

"How your compensation is worked out if you have more than one job and get hurt"

When you have more than one job, this law explains how your weekly compensation is calculated if you get hurt and can't work. Weekly earnings are what you normally earn each week, based on different laws that have been in place over the years.

If you're already getting weekly compensation, but it doesn't include money from all the jobs you had when you first got hurt, your compensation might need to be recalculated. This happens if you become unable to work at one or more of those other jobs on or after 1 April 2002.

To recalculate your compensation, they look at what you would have earned if you couldn't work at any of your jobs when you first got hurt. They use the rules that were in place at that time to figure it out. Then they take 80% of that amount.

After recalculating, they also adjust the amount based on any new rules or changes that have happened since your compensation was first worked out.

You'll only get this new, recalculated amount from the day you became unable to work at the other job(s), not from when you first started getting compensation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104176.

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"More money for some people hurt before April 2002"

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Part 11Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Weekly compensation

367Multiple employment

  1. For the purposes of this section, weekly earnings means—

  2. weekly earnings determined under the Accident Insurance Act 1998 or the Accident Rehabilitation and Compensation Insurance Act 1992; and
    1. relevant earnings determined under the Accident Compensation Act 1972 or the Accident Compensation Act 1982.

      1. The weekly compensation under section 365 must be recalculated in accordance with subsection (3) if—

      2. the person's weekly compensation is not based on weekly earnings from all employments in which he or she was engaged at the date of commencement of any period of incapacity for which he or she is receiving weekly compensation immediately before 1 April 2002; and
        1. a period of incapacity commences on or after 1 April 2002 for 1 or more of the employments referred to in paragraph (a).

          1. The weekly compensation must be recalculated—

          2. by recalculating weekly earnings as if the person were incapacitated for all employments engaged in at the commencement of the period of incapacity referred to in subsection (2)(a); and
            1. by applying the method of calculation provided for in whichever of the former Acts applied at the commencement of that period of incapacity; and
              1. by multiplying the weekly earnings calculated under paragraph (a) by 80%.

                1. The weekly compensation recalculated under subsection (3) must be adjusted in accordance with any Orders in Council and any regulations that apply since the weekly earnings were first calculated.

                2. Weekly compensation recalculated under subsection (3) is payable only from the date of the commencement of the period of incapacity referred to in subsection (2)(b).