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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 250
Interpretation
250 Interpretation
(1) In this Chapter--
"damages" has the same meaning as in Part 5 (Common law remedies) of
the 1987 Act.
"existing claim" means a claim for compensation that is made before the
commencement of this section or a related claim that is made or entitled to be
made (whether before or after the commencement of this section). Note : Part
18C of Schedule 6 to the 1987 Act provides for the transfer of
existing claims, so that the claims transferred will be treated as new claims.
"existing claim matter" means any matter arising under the Workers
Compensation Acts in respect of an existing claim.
"insurer" means a licensed insurer, specialised insurer or self-insurer, or a
former licensed insurer.
"new claim" means any claim (made or entitled to be made) that is not an
existing claim.
"new claim matter" means any matter arising under the Workers Compensation
Acts in respect of a new claim.
"related claims" are claims or further claims for compensation in respect of
the same injury, whether or not the claims are in respect of the same kind of
compensation.
"work injury damages" means damages recoverable from a worker's employer in
respect of-- (a) an injury to the worker caused by the negligence or other
tort of the employer, or
(b) the death of the worker resulting from or caused
by an injury caused by the negligence or other tort of the employer,
whether
the damages are recoverable in an action for tort or breach of contract or in
any other action, but does not include motor accident damages. Note : However,
"work injury damages" generally extends to damages recoverable from a worker's
employer in the case of an injury to a coal miner where the injury is caused
by an off-road motor accident and there is no motor accident insurer on risk
(see section 3D of the Motor Accidents Act 1988 , section 3B of the
Motor Accidents Compensation Act 1999 and section 1.10 of the
Motor Accident Injuries Act 2017 ).
(2) In the definition of
"work injury damages" in subsection (1), a reference to a worker's employer
includes a reference to-- (a) a person who is vicariously liable for the acts
of the employer, and
(b) a person for whose acts the employer is vicariously
liable.
(3) A claim served on an insurer in accordance with the
Workers Compensation Guidelines or forwarded to an insurer by the employer is
taken to have been made on the insurer (and to have been so made when it was
made on the employer).
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