Where the circumstances of an employee's injury constitute a 'motor accident' within the meaning of the Motor Accidents Compensation Act 1999 (NSW), the employee cannot avoid the mandatory pre-litigation requirements of ss 70 and 108 by framing the claim as a breach of the employer's duty of care. The statutory scheme applies to the substance of the claim, not the form of the pleading. However, injuries caused progressively over time (such as repetitive strain from driving conditions) fall outside the scheme even if they involve motor vehicles.
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