Workers Compensation Act 1951

This section applies to a person who is a participant in the LTCS scheme in relation to a workplace injury.

Note LTCS scheme—see the LTCS Act, dictionary.

Participant, in the LTCS scheme—see the LTCS Act, dictionary.

An award of damages or offer of settlement made to the person in relation to the workplace injury must not include an amount for the person’s treatment and care needs, or any excluded treatment and care, that—

relate to the workplace injury; and

arise while the person is a participant in the LTCS scheme.

Note Excluded treatment and care—see the LTCS Act, s 9.

Treatment and care needs, of a participant in the LTCS scheme—see the LTCS Act, s 9.

This section applies—

whether or not the treatment and care needs are assessed treatment and care needs under the LTCS Act; and

whether or not the LTCS commissioner is required to make a payment in relation to the treatment and care needs; and

whether or not the treatment, care, support or services provided in connection with the treatment and care needs is provided without charge on a gratuitous basis.

Note LTCS Act—see the dictionary.

LTCS commissioner—see the LTCS Act, dictionary.

In this section:

workplace injury—see section 86.