Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 232W

232W When election of no effect

(1) This section applies if—

(a) the worker elects to seek treatment, care and support damages for the worker’s injury; and

(b) any of the following happens—

(i) a court decides, under section 232X , not to sanction the election;

(ii) a court makes an order, under section 232Y , preventing the worker from being awarded treatment, care and support damages for the injury;

(iii) a court decides, or the worker and insurer agree by way of settlement, that—

(A) the worker is guilty of contributory negligence in relation to the claim for damages; and

(B) the damages the worker would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more.

(2) The election is taken not to have been made.