Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 232ZB

232ZB Worker entitled for life elects to seek treatment, care and support damages—damages not awarded or not accepted

(1) This section applies if the worker—

(a) is an eligible worker for the worker’s injury for the rest of the worker’s life; and

(b) elects to seek treatment, care and support damages for the injury; and

(c) either—

(i) is awarded damages for the injury that do not include treatment, care and support damages; or

(ii) is awarded treatment, care and support damages for the injury, but the worker does not accept the awarded treatment, care and support damages within the acceptance period.

(2) The worker’s entitlement to treatment, care and support payments for the worker’s injury continues for the remaining eligibility period for the worker.

(3) If subsection (1) (c) (ii) applies, despite the judgment or the terms of the settlement for the claim for damages, neither the insurer nor the employer is liable to pay the amount of the awarded treatment, care and support damages.