WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 239 Worker who is required to make election to seek damages

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 239

239 Worker who is required to make election to seek damages

(1) This section applies if a worker’s notice of assessment states that the worker’s DPI is less than 20%.

(2) If, in the notice of assessment, the worker is offered a payment of lump sum compensation under chapter 3 , part 10 , division 3 for the injury, the worker is not entitled to both—

(a) payment of lump sum compensation for the injury; and

(b) damages for the injury.

(3) If, in the notice of assessment, the worker is required to make an election to seek damages for the injury, the worker can not change the worker’s election—

(a) if the worker has elected to seek damages for the injury—after notice of the election is given to the insurer; or

(b) if the worker is taken, under section 189 (7) , to have elected to seek damages for the injury—after the worker lodges a notice of claim.