General limitation on persons entitled to seek damages
237 General limitation on persons entitled to seek damages
The following are the only persons entitled to seek damages for an injury sustained by a worker—
the worker, if the worker—
has received a notice of assessment from the insurer for the injury; or
has not received a notice of assessment for the injury, but—
has received a notice of assessment for any injury resulting from the same event (the assessed injury); and
for the assessed injury, the worker has a DPI of 20% or more or, under section 239, has elected to seek damages; or
has a terminal condition;
a dependant of the deceased worker, if the injury results in the worker’s death and—
compensation for the worker’s death has been paid to, or for the benefit of, the dependant under chapter 3, part 11; or
a certificate has been issued by the insurer to the dependant under section 132B.
The entitlement of a worker, or a dependant of a deceased worker, to seek damages is subject to the provisions of this chapter and the provisions of chapter 4A, part 5.
Note—
See, for example, section 232V(3) which provides that a worker required under section 232V to elect to seek treatment, care and support damages for an injury who does not make the election is not entitled to seek treatment, care and support damages for the injury.
If a worker—
is required under section 239 to make an election to seek damages for an injury; and
has accepted an offer of payment of lump sum compensation under chapter 3, part 10, division 3 for the injury;
the worker is not entitled to seek damages.
However, subsection (3) does not prevent a worker from seeking damages under section 266.
To remove any doubt, it is declared that subsection (1) abolishes any entitlement of a person not mentioned in the subsection to seek damages for an injury sustained by a worker.
This Act’s bill:Explanatory memorandum
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