New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26I

26I Non-economic loss damages limited to workers compensation amount

(1) A court may award damages for non-economic loss up to a maximum of the total amount to which a worker would be entitled as compensation under Division 4 (Compensation for non-economic loss) of Part 3 of the Workers Compensation Act 1987 if the worker had received an injury that entitled the worker to compensation under that Act and that resulted in a degree of permanent impairment that is the same as the offender’s degree of permanent impairment.

(2) When determining the total amount to which a worker would be entitled as compensation under a provision of the Workers Compensation Act 1987 :

(a) the amount is to be determined under the provision as it was in force when the injury to the offender was received, and

(b) if the provision is section 67 of that Act-the section applies as if the reference to the Commission in subsection (4) of that section were a reference to the court.