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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 32 Notice of injury and claim for compensation

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 32

PART IV - Claims for compensation Notice of injury and claim for compensation

(1)  Subject to this Act, a person shall not be entitled to compensation under this Act for an injury to a worker unless –
(a) notice of the injury has, as soon as practicable after the occurrence of the injury and before the worker has voluntarily left the employment in which he suffered the injury, been given to the employer of the worker or a person referred to in section 33 (1) (b) ; and
(b) a claim for compensation with respect to the injury has been made within 6 months after the date of the occurrence of the injury, or where the injury results in the death of the worker, within 6 months after the date of the death.
(2)  Subsection (1) does not apply to industrial deafness, but proceedings for the recovery under this Act of compensation in respect of industrial deafness are not maintainable unless the claim for compensation is made while the worker is still in the employment of the employer or within 6 months after the termination of that employment.
(2A)  For the purposes of this Part, where a mining employee –
(a) suffers from silicosis, pneumoconiosis or fibrosis of the lungs within 12 months after ceasing to be a mining employee; or
(b) suffers from silicosis within 5 years after ceasing to be a mining employee, and since ceasing to be engaged in mining operations he or she has not engaged in any occupation in which he or she would be exposed to contamination by industrial dust; or
(c) suffers from lead poisoning or cadmium poisoning within 3 months after ceasing to be a mining employee; or
(d) suffers from lead poisoning within 6 months after ceasing to be a mining employee, and since ceasing to be engaged in mining operations he or she has not exposed himself or herself to contamination by lead in any form; or
(e) suffers from dermatitis caused by work within 2 months after ceasing to be a mining employee –
a claim for compensation is to be made no later than 6 months after the relevant period specified in this subsection or, where the disease results in the death of the mining employee, within 6 months after the date of the death.
(3)  An employer who receives a claim for compensation shall be deemed to have been given notice of the injury to which it relates.