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ACC and Medical Incapacity

If you are injured and unable to work ACC will pay up to 80% of your income as weekly compensation. They will start these payments one week after you first attend a doctor about your injury so make sure you get to a doctor straight away.

Your employer is required by law to pay you for the first week that you are unable to work if the injury happened at work. If the injury happened outside of the workplace then you will need to take sick leave or annual leave. You get at least 5 paid sick days of leave a year. If you have run out of paid sick leave, ask your employer to put you on annual leave. If you have none owing they may be willing to advance you some paid leave but they don’t have to.

Difficulties can arise if injuries take a long time to recover or you are returned by ACC to work but on restricted duties. Some employers find this very frustrating. Sometimes they will apply pressure to you to return to full duties earlier than what your medical advisors have suggested. Or they can even threaten to end your job through what is called medical incapacity. This can be very stressful for you on top of dealing with your injury. If this is the case call us for a free consultation. We can match you with an employment specialist to support you if that is required.

You need to be aware that an employer is not obliged to keep your job open for you when you are unable to work for a long period. There is no time period stated in law. It will depend on the type of business or organisation you work for. If your employer raises the possibility of ending your job because of medical incapacity then you need to take this seriously. It might seem very unfair to you but it may be something that they can do. If this is the case you need to call us urgently for a free consultation and have an employment specialist work with you.