There are a number of questions we are asked frequently, for which there is a short yes, no or maybe answer - but the answer is usually no. Often we know that you know the answer is no, but you are hopeful we might come up with a clever way of making it a yes. Have a look at this list of questions and see if you would have answered correctly.
Is that a workplace accident? Q and A
Test yourself with these ACC scenarios to find out the answer and the implications for pay.
Yes it is. If an activity that caused an injury is reasonably connected to with an employee’s employment, it is considered a workplace accident. It is irrelevant whether or not you approved of the activity.
Because it is a workplace accident, the employer is obliged to pay for the first week of absence and cannot deduct that from the employee’s sick leave entitlement. For the remaining 5 weeks, Simon will be paid by ACC at 80% of his usual earnings. The employer can agree to top up that payment (20%) as sick leave and deduct the leave from the employee’s sick leave entitlement, one day per week. Annual leave can also be used, however this requires the employee agreeing to use annual leave for this purpose.
No, it isn’t. Accidents that occur going to and from work, aren’t considered work place accidents.
The first week of pay while the employee is off work due to an injury is paid by the employer. However, because it was not a work place injury, the payment is deducted from sick leave entitlement and if there is no paid sick leave entitlement owing, then there is no payment. After the first week, Chloe will be paid by ACC at 80% of her usual earnings. The employer can agree to top up that payment (20%) as sick leave and deduct the leave from the employee’s sick leave entitlement, one day per week. Annual leave can also be used, however this requires the employee agreeing to use annual leave for this purpose.
All the time Chloe was off work, she continued to accrue annual leave and sick leave. Therefore, in that six month period she was off work, she earned another two weeks annual leave, and if she had a sick leave anniversary while she was off work, Chloe has another 10 days paid sick leave owing (unless she used it up with the employer topping up her ACC payments).
No, she doesn’t get paid public holidays while on ACC.
Yes, it is. An injury sustained in a situation where an employee is working from home, and their primary purpose for being at home is to complete work tasks is considered to be a workplace injury.
The analysis used by ACC is based on whether the activity is reasonably part of the person’s day to day lifestyle, irrespective of their employment. Unless Simon was a cleaner and doing the laundry was part of his work, this scenario is not a work place injury.
If you have any questions about your obligations as an employer, do not hesitate to contact us to discuss this with one of our Consultants.
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