Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 237

237 General limitation on persons entitled to seek damages

(1) The following are the only persons entitled to seek damages for an injury sustained by a worker—

(a) the worker, if the worker—
has received a notice of assessment from the insurer for the injury; or
has not received a notice of assessment for the injury, but—
has received a notice of assessment for any injury resulting from the same event (the assessed injury); and
for the assessed injury, the worker has a DPI of 20% or more or, under section 239, has elected to seek damages; or
has a terminal condition;
(b) a dependant of the deceased worker, if the injury results in the worker's death and—
compensation for the worker's death has been paid to, or for the benefit of, the dependant under chapter 3, part 11; or
a certificate has been issued by the insurer to the dependant under section 132B.

(2) The entitlement of a worker, or a dependant of a deceased worker, to seek damages is subject to the provisions of this chapter.

(3) If a worker—

(a) is required under section 239 to make an election to seek damages for an injury; and
(b) has accepted an offer of payment of lump sum compensation under chapter 3, part 10, division 3 for the injury;

the worker is not entitled to seek damages.

(4) However, subsection (3) does not prevent a worker from seeking damages under section 266.

(5) To remove any doubt, it is declared that subsection (1) abolishes any entitlement of a person not mentioned in the subsection to seek damages for an injury sustained by a worker.



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