Workers Compensation Act 1987

In this section—

An employer is required to repay to the insurer under a policy of insurance that the employer has obtained under section 155—

the prescribed excess amount in respect of each weekly compensation claim that the insurer has paid under the policy, or

if the amount that the insurer has paid in respect of any such claim is less than the prescribed excess amount—the amount so paid.

An employer is not required to comply with subsection (2) to the extent that—

the employer has paid an amount of money directly to an injured worker in relation to a period that is the subject of a weekly compensation claim made by the worker, and

the amount paid by the employer is an amount or is included in an amount for which the employer’s insurer is liable under the relevant policy of insurance to indemnify the employer in respect of the claim, and

the employer’s insurer has offset against the amount payable under that policy in respect of the claim the amount referred to in paragraph (a).

An employer who, in relation to a period that is the subject of a weekly compensation claim made by an injured worker—

has paid no money to the worker, or

has paid an amount to the worker that is less than the amount which the employer would, but for this subsection, be required to repay under subsection (2),

in the case referred to in paragraph (a)—the amount that the employer would otherwise be required to repay under that subsection, or

in the case referred to in paragraph (b)—the difference between the amounts referred to in that paragraph.

(Repealed)

For the purposes of this section, the amount of a weekly compensation claim paid under a policy of insurance is the total amount of weekly payments made to the claimant in respect of the injury concerned, and that amount does not include any other payments associated with the claim.

If liability for a claim is apportioned between 2 or more successive insurers of an employer, the amount repayable by the employer is to be similarly apportioned.

An amount repayable under this section may be recovered by the insurer as a debt in a court of competent jurisdiction.

The following policies of insurance are exempt from this section—

(Repealed)

policies of insurance in respect of domestic or similar workers,

policies of insurance of any class exempted from this section by the regulations.

(Repealed)

This section does not apply to—

a weekly compensation claim made in respect of a worker who receives an injury on a journey to which section 10 applies, or

a weekly compensation claim of any other class prescribed by the regulations for the purposes of this subsection.

The regulations may provide for matters relating to the payment of the prescribed excess amount, including the circumstances in which the prescribed excess amount must be paid.