38. A victim who also holds or would have held employment is entitled to an income replacement indemnity if he becomes unable to hold that employment.
The victim is entitled to the indemnity for such time as the employment would have been available and for such time as he is unable to hold it.
A victim entitled to an income replacement indemnity under this section and under section 40 or section 41 cannot receive both indemnities but shall receive the greater of the two for as long as the situation prevails.