Workers Compensation Act 1951

A person may make a claim for payment against the DI fund (a claim for payment) if the person—

is—

an injured worker (the injured worker) who sustained an injury (the injury) that forms the basis of the claim for payment; or

a person appointed to represent the injured worker; or

if the injured worker has died leaving a dependent—a dependent of the injured worker; or

if the injured worker has died leaving no dependents—a person acting on behalf of the estate of the injured worker; and

cannot make a claim against a person other than the employer of the injured worker for—

payment of compensation for the injury under this Act; or

damages for the injury arising independently of this Act; and

is eligible to make a claim for payment under any of the following provisions:

section 170E (Claim for payment if employer to pay and liability not covered by compulsory insurance policy etc);

section 170F (Claim for payment if final judgment etc and liability not covered by compulsory insurance policy);

section 170G (Claim for payment if agreement to discharge liability at common law and liability not covered by compulsory insurance policy);

section 170H (Claim for payment if final judgment etc and liability covered by compulsory insurance policy);

section 170HA (Claim for payment if entitlement to claim compensation and licensed self‑insurer unable to pay compensation);

section 170HB (Claim for payment if final judgment etc and licensed self‑insurer unable to cover liability);

section 170I (Claim for payment if entitlement to claim compensation and liability covered by compulsory insurance policy).

A person may also make a claim for payment if the person is—

an injured worker (the injured worker) who has sustained an injury that is an imminently fatal asbestos‑related disease (the injury) that forms the basis of the claim for payment; or

a person appointed to represent the injured worker.

However, a person may not make a claim for payment if, at the time of the injury—

the injured worker was a director of the worker’s employer; and

the employer—

did not hold a compulsory insurance policy that applies to the injured worker for the injury; or

is not a prescribed employer and the injured worker is not a prescribed worker.