Workmen's Compensation Act, 1934

THIRD SCHEDULE.

Rules for Computation of Amount of Weekly Payments.

1. In these Rules—

the expression “pre-accident average weekly earnings” means in relation to a workman the average weekly earnings of the workman during the twelve months, immediately preceding the accident if he has been so long employed by the same employer, but if not, then for any less period immediately preceding the accident during which he has been in the employment of the same employer;

the expression “post-accident average weekly amount” in relation to a workman means the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident.

2. The weekly payment shall in no case exceed thirty shillings.

3. The weekly payment in cases of total incapacity shall during the period of total incapacity be as follows:—

(a) where the pre-accident average weekly earnings of the workman did not exceed one pound, a sum equal to eighty per cent. of the said earnings;

(b) where the pre-accident average weekly earnings of the workman exceeded one pound, a sum equal to seventy-five per cent. of the said earnings or the sum of sixteen shillings, whichever of the said sums is the greater.

4. The weekly payment in cases of partial incapacity shall be as follows:—

(a) where the difference between the pre-accident average weekly earnings and the post-accident average weekly earnings does not exceed one pound, a sum equal to seventy-five per cent. of that difference, and

(b) where the difference between the amount of the pre-accident average weekly earnings and the post-accident average weekly amount exceeds one pound, a sum equal to eighty per cent. of that difference.