Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 232

Duration of compensation under this Division

    (1)     Subject to subsection (4), if weekly payments are payable, compensation under this Division ceases 52 weeks after the entitlement to weekly payments ceases, unless subsection (5) applies.

    (2)     Subject to subsection (4), if compensation is payable only under this Division, compensation under this Division ceases 52 weeks after the entitlement arises, unless subsection (5) applies.

    (3)     Before compensation under subsection (1) or (2) ceases, the Authority or self-insurer—

        (a)     must give at least 28 days written notice to the worker; and

        (b)     must state in the notice—

              (i)     the reasons for giving the notice; and

              (ii)     the date when the entitlement will cease.

    (4)     If a worker—

        (a)         receives a settlement or award of pecuniary loss damages within the meaning of section 325 of this Act or section 93 of the Transport Accident Act 1986 ; or

        (b)     accepts a voluntary settlement of weekly payments under Division 9 in respect of an injury—

the worker is entitled, subject to this Act, to continue to receive compensation under this Division.

    (5)     Compensation under this Division does not cease if—

        (a)     the worker has returned to work but—

S. 232(5)(a)(i) amended by No. 44/2014 s. 24(8)(a).

              (i)     could not remain at work if a service under section 224(1) was not provided; or

              (ii)     surgery is required for the worker; or

        (b)     the worker requires modification of a prosthesis; or

S. 232(5)(c) amended by No. 44/2014 s. 24(8)(b).

        (c)     a service referred to in section 224(1) is essential to ensuring that the worker's health or ability to undertake the necessary activities of daily living does not significantly deteriorate.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback