A claim for nervous shock by a person outside the employment relationship (such as a spouse of a deceased worker) is not a claim for 'work injury damages' under s 250 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), and the procedural requirements of Chapter 7 do not apply to such claims. The extended definition of 'worker' in s 4(2) does not operate to bring such claims within the workers compensation regime. Even if such a claim were for 'work injury damages', the sequential operation of Part 6 provisions means that s 315 (pre-filing statement) is not engaged where there is no claim for lump sum compensation.
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