Motor Accident Injuries Act 2019

This section applies if—

an application for defined benefits (the defined benefits application) is made under this part—

by a person injured in a motor accident; or

in relation to the injured person; and

a claim for compensation under a workers compensation scheme (the workers compensation claim) is made in relation to the injury.

There is no requirement for both an application for defined benefits and a claim for workers compensation to be made in relation to a motor accident.

The claimant for the workers compensation claim must give the relevant insurer written notice about the following:

that the workers compensation claim has been made;

whether liability for the workers compensation claim has been accepted or rejected;

any amounts paid to or on behalf of the claimant under the workers compensation claim.

The notice must be given to the relevant insurer—

if the workers compensation claim is made before the defined benefits application—when the defined benefits application is made; or

if the workers compensation claim is made after the defined benefits application—within 3 business days after the workers compensation claim is made.

However, if the person withdraws the workers compensation claim within 13 weeks after the date of the motor accident, the person must give the relevant insurer for the motor accident written notice of the withdrawal—

if the workers compensation claim is withdrawn before the defined benefits application is made—when the defined benefits application is made; or

if the workers compensation claim is withdrawn after the defined benefits application is made—within 3 business days after the workers compensation claim is withdrawn.

If a relevant insurer receives a notice under subsection (2) or (4), the relevant insurer may get information about the workers compensation claim from the insurer for the workers compensation claim.

A person’s entitlement to certain defined benefits ends on the day a workers compensation claim is accepted, however may be revived if the person’s workers compensation claim is withdrawn within 13 weeks after the date of the motor accident or if the claim is rejected (see s 50 (3)).