Section 97 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Employee's right to receive first week compensation

97 Employee's right to receive first week compensation (1) First week compensation for loss of earnings is payable to a claimant who— (a) has an incapacity resulting from— (i) a work-related personal injury for which he or she has cover; or (ii) a motor vehicle injury to which section 29(2) applies, being a motor vehicle injury that is also a work-related personal injury; and (b) was an employee immediately before his or her incapacity commenced. (2) The compensation payable is 80% of the amount of earnings as an employee lost by the employee, as a result of the incapacity, during the first week of incapacity. (3) For the purposes of this section, there is a presumption that the earnings the claimant loses as a result of the incapacity is the difference between— (a) the claimant's earnings in the 7 days before his or her incapacity commenced; and (b) the claimant's earnings in the first week of incapacity. (4) The presumption can be rebutted by proof to the contrary. Compare: 1998 No 114 s 76