AN160741 – Coal Mining Industry (Engineers) Award 1990
An employee in receipt of weekly payments under the provisions of the Workers' Compensation Act, shall be entitled to receive accident pay from the employer subject to the following conditions and limitations:-
(1) An employer shall pay, or cause to be paid accident pay during the incapacity of the employee, within the meaning of the said Act until such incapacity ceases or until the expiration of a period of 78 weeks from the date of the injury or the maximum expected termination date for a short/fixed term employee, whichever event shall first occur.
(2) (a) For the initial period of thirty-nine weeks from the date of injury, a weekly payment representing the difference between the weekly amount of compensation paid to the employee by virtue of the said Act and the weekly amount the employee would have received by virtue of the relevant award had the employee been on paid sick leave at the date of the injury.
(b) For a further period of thirty-nine weeks, a weekly payment representing the difference between the weekly amount of compensation paid to the employee by virtue of the said Act and the rate prescribed from time to time for the classification of the incapacitated employee at the date of injury.
(3) In respect of incapacity for part of a week the amount payable to the employee as accident pay shall be a direct pro-rata.
(4) An employee shall not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
(5) In the event that an employee receives a lump sum in redemption of weekly payments under the said Act, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.
(6) Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the said Act, the employee shall be liable to repay to the employer the amount of accident pay which the employer has paid under this clause and the employee shall not be entitled to any further accident pay thereafter.
