Part Four-Non-Economic Loss

Non- economic loss is defined in section 4 of the Act as:

“... loss or damage of a non-economic kind suffered by the employee (including pain and suffering, loss of expectation of life or a loss of the amenities or enjoyment of life) ... of which the employee is aware”.

For a non-economic loss (NEL) to be considered, the employee must first be eligible for a permanent impairment payment.  Please note that, where an interim payment only has been made, no non-economic loss can be awarded until a final determination is made.

This is because a true reflection of an employee's NEL cannot be gauged until a final percentage impairment has been reached.  In addition, for compensation to be payable for NEL, the employee must be aware of the loss.