Entitlement limited—workers compensation claimant
50 Entitlement limited—workers compensation claimant
This section applies if a person—
is injured in a motor accident; and
is entitled to defined benefits; and
makes a claim for compensation under a workers compensation scheme in relation to the injury.
A person’s entitlement to relevant defined benefits ends on the day the person’s claim for workers compensation is—
accepted; or
otherwise settled in accordance with the workers compensation scheme, including on a without prejudice basis.
Example—par (b) a licensed insurer under the Workers Compensation Act 1951 settles a claim with the claimant by agreement to make a payment to the claimant without accepting liability for the claimant’s injury (see that Act, s 133)
However, the person’s entitlement to relevant defined benefits is revived if the person’s claim for workers compensation is—
withdrawn within 13 weeks after the date of the motor accident; or
rejected.
See also the withdrawal requirements under s 73 (4).
Relevant defined benefits are not payable in relation to any benefits paid and not recovered under the workers compensation scheme before the claim was withdrawn or rejected.
In this section:
relevant defined benefits means the following:
income replacement benefits;
treatment and care benefits;
quality of life benefits.
Division 2.2.3 End of entitlement to certain benefits
This Act’s bill:Explanatory statementSecond reading speech
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