Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 1 · Preliminary
4. Meaning of incapacity
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An individual has temporary incapacity where the individual sustains one or more injuries that —
result in incapacity for a limited period of time; and (b)reduce the individual’s earning capacity in any work in which the individual was engaged at the time of the accident resulting in the incapacity.
An individual has permanent incapacity where the individual sustains one or more injuries that —
result in residual incapacity that has stabilised and is unlikely to change after the date of assessment of the incapacity; or
are specified in the Fourth Schedule.
An individual has current incapacity where the individual sustains one or more injuries that result in residual incapacity that is unlikely to change significantly after the date of assessment of the incapacity.
Subsection (3) does not apply to any incapacity or death resulting from any disease mentioned in section 10(1).
Where an individual has sustained one or more injuries resulting in permanent incapacity or current incapacity, the individual has —
partial incapacity to the extent of the aggregate percentage mentioned in sub‑paragraph (ii) if —
the incapacity reduces the individual’s earning capacity in every work that the individual was capable of undertaking at the time of the accident resulting in the incapacity; and
the aggregate percentage of the loss of earning capacity in respect of such injury or combination of injuries is less than 100%; or
total incapacity if —
the incapacity incapacitates the individual for any work that the individual was capable of undertaking at the time of the accident resulting in the incapacity; and
the aggregate percentage of the loss of earning capacity in respect of such injury or combination of injuries is 100% or more.