The word 'claim' when used in Part 5 of the Motor Accidents Act 1988 (NSW) means a claim arising out of a motor accident, notwithstanding the more limited definition in s 40(1). A worker's claim for gradual injury arising from the nature and conditions of employment (such as prolonged exposure to vibration and poor seating in a vehicle) is not 'a claim within the meaning of Part 5 of the Motor Accidents Act 1988' for the purposes of s 151D(4) of the Workers Compensation Act 1987, even if the injury was caused in the use or operation of a motor vehicle. Such claims require leave under s 151D(2) if brought outside the three-year limitation period.
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