Section 3.6 — Motor Accident Injuries Act 2017 (NSW)

(1) An earner who is injured as a result of a motor accident and suffers a total or partial loss of earnings as a result of the injury is entitled to weekly payments of statutory benefits under this section during the first entitlement period.
(2) A weekly payment of statutory benefits under this section is to be at the rate of 95% of the difference between the person’s pre-accident weekly earnings and the person’s post-accident earning capacity (if any) or post-accident earnings, whichever is the greater, for the first entitlement period.
(3) A weekly payment of statutory benefits to a person under this section is not to exceed the maximum weekly statutory benefits amount less the person’s post-accident earning capacity (if any) or post-accident earnings, whichever is the greater, for the first entitlement period.
(4) A weekly payment of statutory benefits to a person under this section is not to be less than the minimum weekly statutory benefits amount or the person’s pre-accident weekly earnings, whichever is the lesser.
(5) If a weekly payment of statutory benefits is payable under this section, but further information is required to determine the amount of the payment, interim payments are to be made in accordance with the Motor Accident Guidelines until the correct amount of the payment can be determined and paid.

Related sections

• s 3.3 — Determination of relevant insurer
• s 3.4 — Statutory benefits for funeral expenses
• s 3.5 — Definitions
• s 3.7 — Weekly payments during second entitlement period (weeks 14–78 after motor accident)
• s 3.8 — Weekly payments after second entitlement period (after week 78)
• s 3.9 — Maximum weekly statutory benefits amount

Research how courts apply s 3.6

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.