Accident Make Clause Samples

Accident Make. Up Pay will not apply in some circumstances (a) in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity; (b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks; (c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner; (d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement: (i) following a request to do so by the Employer; and (ii) the Employer providing the Employee details of the requirements of the position; and (iii) where the Employee knew, or ought to have known, that the nature of the injury, may impact on the ability of the Employee to undertake the work; (e) where the injury subject to recurrence, aggravation or acceleration as provided under workers’ compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month; (f) where in accordance with the WIRC Act a medical practitioner provides information to an Employer of an Employee’s fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee; (g) when the claim has been ceased or redeemed in accordance with the WIRC Act; (h) in respect of any paid leave of absence.