The WorkCover Queensland Act 1996 abolishes the common law right of a spouse of an injured worker to claim damages for loss of consortium against the worker's employer. Section 316 prevents a court from awarding such damages. The statutory definition of 'damages' in s 11(1) is confined to the worker's own cause of action (damages payable to the worker or dependant of a deceased worker) and does not encompass consortium claims, but this does not save the consortium claim because s 316 independently abolishes it.
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