Motor Accident Injuries Act 2019

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withdrawn within 13 weeks after the date of the motor accident; or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.

Note 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payable in relation to any benefits paid and not recovered under the workers compensation scheme before the claim was withdrawn or rejected.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