Section 3.8 — Motor Accident Injuries Act 2017 (NSW)

(1) A person who is injured as a result of a motor accident and suffers a total or partial loss of earning capacity as a result of the injury is entitled to weekly payments of statutory benefits under this section after the end of the second entitlement period, but only if the person—
(a) is at least 18 years of age (whether or not the person is an earner), or
(b) is under 18 years of age and is an earner.
(2) A weekly payment of statutory benefits under this section is to be at the rate of—
(a) in the case of total loss of earning capacity—80%, or
(b) in the case of partial loss of earning capacity—85%,
of the difference between the person’s pre-accident earning capacity and the person’s post-accident earning capacity (if any) or post-accident earnings, whichever is the greater, after the second 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, after the second 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 earning capacity, whichever is the lesser.

Related sections

• s 3.5 — Definitions
• s 3.6 — Weekly payments during first entitlement period (first 13 weeks after motor accident)
• s 3.7 — Weekly payments during second entitlement period (weeks 14–78 after motor accident)
• s 3.9 — Maximum weekly statutory benefits amount
• s 3.10 — Minimum weekly statutory benefits amount
• s 3.11 — Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries

Research how courts apply s 3.8

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