(1) For the purposes of occupational injuries benefit, the following shall apply in relation to night workers.

(2) Subject to sub-article (3), where a period of employment begun on any day extends over midnight into the following day, the person employed shall, in respect of such period -

(a) be treated as having been employed on the first day only, if the employment before midnight is of longer duration than that after midnight, and, in that case, the first day shall not be treated as a day of incapacity for work, or

(b) be treated as having been employed on the second day only, if the employment after midnight is of longer duration than that before midnight, or if the employments before and after midnight are of equal duration, and, in either of these cases, the second day shall not be treated as a day of incapacity for work.

(3) Where a person -

(a) suffers an occupational accident during any such period of employment as is referred to in sub-article (2), and

(b) is thereby immediately rendered incapable of work,

sub-article (2) shall apply, subject to the following qualifications -

(i) if the period of employment before midnight would, apart from the onset of the incapacity, have been of longer duration than that after midnight, the first of the two days shall be treated as the day of the accident and the person employed shall in respect of such period be treated as employed on that day only, and