Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 3A · Application of Parts 2 and 3 to Platform Operators and Platform Workers
34N. Compensation for temporary incapacity of platform worker
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Where any work injury results in the temporary incapacity of a platform worker, the compensation the platform operator is liable under this Act to pay to the platform worker is a periodical payment that is —
work injury
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
an amount specified in the Fifth Schedule; and
payable in accordance with subsection (2).
For the purposes of subsection (1)(b), a periodical payment is payable —
where the platform operator receives, no later than the 14th day of a calendar month (called in this subsection the relevant day), a certificate of a health professional in respect of the work injury to the platform worker — not later than 16 days after the relevant day; or
where the platform operator receives, after the relevant day but no later than the last day of a calendar month, a certificate of a health professional in respect of the work injury to the platform worker — not later than the 13th day of the following calendar month.
The Commissioner may review any periodical payment for temporary incapacity on the application of the platform worker, the platform operator or the platform operator’s insurer, if accompanied by a certificate of a health professional that there has been a change in the condition of the platform worker.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Subject to the provisions of this Act, the Commissioner may, on a review under subsection (3), direct any periodical payment to the platform worker for temporary incapacity to be continued, increased, decreased or ended.
Any periodical payments for temporary incapacity may be commuted into a lump sum, of an amount agreed between the platform operator liable to make the periodical payments and the platform worker, after —
the periodical payments have continued for not less than 6 months; and
the Commissioner consents.
Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s platform operator or platform operator’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to refund such payment if —
claimant
“claimant” means an injured individual claiming compensation under this Act;
the claim in respect of that work injury is withdrawn, and is not resumed, under section 41, as modified by section 35B;
an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or
the payment was made on the basis of any error or any false or misleading information.
Subsection (6) applies to the payer only if —
the payer applies to the Commissioner for the refund within the prescribed time and in the form and manner required by the Commissioner; and
the claimant has been given a reasonable opportunity to make representations to the Commissioner.
Any refund ordered under subsection (6) is recoverable directly from the claimant.