Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 57

Claims against section 55(2)(a) or 55(2)(d) employers

57. Claims against section 55(2)(a) or 55(2)(d) employers



(1) A claim for compensation against an employer in respect of which at the
time of the relevant injury section 7(1A) applies or who was not the holder of
a WorkCover insurance policy at the time of the relevant injury must first be
given to or served on the employer.

(2) The employer must forward the claim to the Authority within 5 days of
receiving it.

(3) If a person making a claim for compensation becomes aware that the
employer-

   (a)  has not complied or is not likely to comply with subsection (2); or

   (b)  is refusing to receive the claim-

that person may lodge the claim with the Authority.

(4) Except as provided in this Part, Division 3 of Part IV of the
Accident Compensation Act 1985 applies in relation to the determination and
management of the claim.

(5) An employer must not fail to comply with subsection (2).

Penalty: 10 penalty units for a first offence. 20 penalty units for a second
or subsequent offence.