Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 59

Claims against section 55(2)(b) or 55(2)(c) employers

59. Claims against section 55(2)(b) or 55(2)(c) employers



(1) A claim for compensation against an employer who-

   (a)  cannot be identified after the claimant has taken reasonable steps to
        identify the relevant employer; or

   (b)  cannot be found after the claimant has taken reasonable steps to find
        the employer or the employer is dead or has been wound up and who was
        not the holder of a WorkCover insurance policy at the time of the
        injury or death-

may be lodged with the Authority.

(2) The Authority may require a person lodging a claim under subsection (1) to
provide further information to the Authority.

(3) 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.

(3A) Subject to subsection (4), section 109 of the
Accident Compensation Act 1985 applies in respect of a claim under this
section as if the reference to 28 days were a reference to 35 days.

(4) If the relevant employer is identified and was at the time of the injury
the holder of a WorkCover insurance policy, section 109 of the
Accident Compensation Act 1985 applies as if the reference to 28 days of
receiving the claim were a reference to 28 days from the time that the
employer is identified.