Victorian Consolidated Legislation

Accident Compensation (WorkCover Insurance) Act 1993 - SECT 59A

Common law claim

59A. Common law claim

If-

   (a)  a worker has suffered an injury in circumstances which entitle or
        would entitle the worker or the dependants of the worker to
        compensation under the Accident Compensation Act 1985; and

   (b)  the injury arose out of or in the course of or due to the nature of
        employment with an employer to whom section 55(2)(b), 55(2)(c) or
        55(2)(d) applies-

the worker or dependants may recover from the Authority a sum equivalent to
the amount for which the worker or dependants could have obtained judgment at
common law or otherwise against the employer subject to any limitation of
liability in the deemed contract of insurance under section 59B on or after 4
p.m. on 30 June 1993.