New South Wales Consolidated Acts

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WORKERS COMPENSATION ACT 1987 - SECT 151AD

No damages for nervous shock injury to non-workers

151AD No damages for nervous shock injury to non-workers

(1) No damages for pure mental harm may be awarded against an employer liable to pay compensation under this Act in respect of the death of or injury to a worker if the pure mental harm arises wholly or partly from mental or nervous shock in connection with the death of or injury to the worker unless the pure mental harm is a work injury (that is, an injury to the worker or to another worker).
Note : This section prevents a claim for damages for nervous shock when the nervous shock is not a work injury. It prevents claims for damages by relatives of an injured or deceased worker because their injuries are not work injuries.
(2) In this section,
"pure mental harm" has the same meaning as in Part 3 of the Civil Liability Act 2002 .



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