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WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 52

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 52

52—Claim for compensation

        (1)         Subject to this section, a claim for compensation

            (a)         must be made in a manner and form approved by the Corporation; and

            (b)         must be made within the prescribed period; and

            (c)         must be supported by a certificate in the designated form by a recognised medical expert certifying—

                  (i)         the nature of the injury;

                  (ii)         the probable cause of the injury so far as that is ascertainable by the medical expert;

                  (iii)         where the claimant claims to be incapacitated for work—the extent and probable duration of the incapacity;

                  (iv)         whether the medical expert has personal knowledge of the worker's workplace and, if so, the extent of that knowledge and whether the medical expert has discussed with the employer the kinds of work that might be appropriate for the worker in view of the injury.

        (2)         Where notice of an injury is required under this Division, a claim for compensation may not be made in respect of that injury unless notice of the injury has been given in accordance with this Division.

        (3)         Notwithstanding subsections (1)



and (2)





            (a)         the absence of, or a defect in, a notice of injury is not a bar to the making of a claim if—

                  (i)         the proper determination of the claim has not been substantially prejudiced; or

                  (ii)         the failure to give the notice, or the defect in the notice, was occasioned by ignorance of the claimant, mistake or absence from the State, or other reasonable cause; and

            (b)         a failure to make a claim within the prescribed period is not a bar to the making of a claim if—

                  (i)         the proper determination of the claim has not been substantially prejudiced; or

                  (ii)         the failure to make the claim within the prescribed period was occasioned by ignorance of the claimant, mistake or absence from the State, or other reasonable cause.

        (4)         A claim for compensation must be given as follows:

            (a)         where the worker is at the commencement of the incapacity in employment—the claim must be given to the employer;

            (b)         in any other case—the claim must be given to the Corporation.

        (5)         Within 5 business days after receipt of a claim under this section, an employer (not being a self-insured employer) shall forward to the Corporation

            (a)         a copy of the claim;

            (b)         a statement in the designated form containing such information as may be prescribed.

Maximum penalty: $1 000.

        (5a)         An employer (not being a self-insured employer) must furnish to the Corporation, in such manner and form as the Corporation may determine, such other information as the Corporation may reasonably require in order to determine a claim.

Maximum penalty: $1 000.

        (6)         Where it appears from a claim that the worker was not, at the time of making the claim, in the employment of the employer from whose employment the injury arose, the Corporation shall (where it is practicable to do so) notify that employer of the claim.

        (6a)         The Corporation may dispense with a requirement under this section.

        (6b)         A self-insured employer may dispense with the requirement for a certificate under subsection (1)(c)



if a claim is only for compensation under section 32



.

        (7)         In this section—

"prescribed period", in relation to the making of a claim in pursuance of this section, means the period of 6 months commencing on the day on which the entitlement to make the claim arises.