Article 77 Supplementary award, relevant amount and relevant percentage for a qualifying injury

(1)

The lump sum for a qualifying injury is the amount specified in column (b) of Table 10 of the tariff in relation to the tariff level determined in accordance with article 76.

(2)

A supplementary award of £60,000 is payable where a qualifying injury—

(a)

is a traumatic physical injury;

(b)

is described by a descriptor from Table 2 of the tariff; and

(c)

the injury or the effect of the injury is specified in paragraph 1(2) of Part 2 of Schedule 3.

(3)

The relevant amount for a qualifying injury is the total amount of—

(a)

a lump sum determined in accordance with paragraph (1);

(b)

any supplementary award determined in accordance with paragraph (2); and

(c)

where paragraph (4) applies, an increase to the lump sum for a qualifying injury of—

(i)

£3,000 for a limb injury or fracture of a limb accompanied by acute compartment syndrome requiring operative treatment; or

(ii)

£1,000 for a perforated tympanic membrane or an open fracture.

(4)

This paragraph applies where the increase to the lump sum was awarded in the original decision and—

(a)

was paid; or

(b)

was not paid because the qualifying injury in respect of which it was awarded for the fourth or subsequent injury sustained in the same incident.

(5)

Except where paragraph (6) applies, the relevant percentage for a qualifying injury is to be the same as awarded in the original decision.

(6)

This paragraph applies where a qualifying injury is a specified injury and the tariff level for the injury—

(a)

is revised under article 76(3)(a); and

(b)

is within tariff levels 1 to 11.

(7)

Where paragraph (6) applies, the relevant percentage is to be determined in accordance with article 24(3) and (4).