WORKERS COMPENSATION ACT 1987 - SECT 140 Persons eligible to make claims

WORKERS COMPENSATION ACT 1987 - SECT 140

140 Persons eligible to make claims

(cf former s 18C (2)-(6))

(1) A claim under this Division may be made against the Nominal Insurer by any person who considers he or she has a claim against an employer for compensation under this Act or work injury damages in respect of an injury to a worker, if--

(a) the employer is uninsured, or

(b) the person claiming the compensation has been unable, after due search and inquiry, to identify the relevant employer.

(2) An employer is considered to be
"uninsured" if the employer--

(a) had not obtained, or was not maintaining in force, a policy of insurance for the full amount of the employer's liability under this Act in respect of the injured worker at the relevant time, or

(b) having been a self-insurer at the relevant time, has ceased to undertake liability to pay compensation to the employer's own workers (but only if the claim cannot be paid under section 216 from any money deposited with the Authority or under any arrangement relating to the refund of any such deposit).

(2A) A claim may not be made under this Division in respect of a claim for work injury damages against a person who is an employer as a result of being a principal within the meaning of section 20 who is liable to pay compensation to the worker.

(2B) The regulations may prescribe the searches and inquiries necessary to constitute due search and inquiry to identify an employer for the purposes of this section.

(3) If a payment is made by the Nominal Insurer in respect of a claim under this Division and the employer is subsequently identified, the Nominal Insurer may recover the amount paid from the employer or the employer's insurer in the manner provided by this Division.

(4) A claim shall not be made under this Division if the person claiming the compensation is entitled under section 20 to claim compensation against a principal within the meaning of section 20.

(5) If a person is entitled to claim compensation against a principal within the meaning of section 20 and the principal was not maintaining in force a policy of insurance for the full amount of the principal's liability under this Act at the relevant time--

(a) the person may make to the Nominal Insurer a claim for compensation under this Division, and

(b) the Nominal Insurer may deal with any such claim as it thinks fit.

(6) The Nominal Insurer is to notify the Authority of any claim made under subsection (5).