8.7.3 Female sexual organs impairment

Compensation under S40 of the 1971 Act in respect of impairments of the female sexual organs is payable on the following basis:

Note that S40 provides compensation for either loss of the genitals or total and permanent loss of the capacity to have sexual intercourse at the full rate set in S40(1) (which is half of the maximum payable under S39). Compensation is not payable in respect of both losses.

If the claim is for a partial or temporary loss of the capacity to engage in sexual intercourse, compensation is not payable under S40.

Section 40(1A) awards compensation for partial loss of the genitals provided the injury did not also result in total and permanent loss of capacity to engage in sexual intercourse. .  Section 40(1A) states:

40(1A) The compensation payable under this Act in respect of an injury that results in the partial loss of the genitals but not the total and permanent loss of the capacity to engage in sexual intercourse is an amount equal to 50% of the amount of compensation payable under Subsection (1) and is payable to the employee.

If there is a total and permanent loss of capacity to engage in sexual intercourse, compensation is payable under S40(1).