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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 93B

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 93B

93B .         Application of this Division

        (1)         This Division applies to the awarding of damages against a worker’s employer independently of this Act in respect of an injury suffered by a worker, or a noise induced hearing loss suffered by a worker that is not an injury, if —

            (a)         it was caused by the negligence or other tort of the worker’s employer; and

            (b)         compensation has been paid or is payable in respect of it under this Act, or would have been paid or be payable but for section 22.

        (2)         This Division applies even if the damages resulting from the negligence or other tort of the worker’s employer are sought to be recovered in an action for breach of contract or other action.

        (3)         This Division does not apply to the awarding of —

            (a)         damages to which the Motor Vehicle (Third Party Insurance) Act 1943 applies; or

            (b)         exemplary or punitive damages; or

            (c)         damages of a class that is excluded by the regulations from the application of this Division.

        (3a)         This Division does not apply to the awarding of damages in respect of an injury if the injury results in the death of the worker.

        (4)         A reference in this section to the worker’s employer includes a reference to a person for whose acts the employer is vicariously liable.

        (5)         In the context of a cause of action arising on or after the day on which section 79 of the Workers’ Compensation Reform Act 2004 comes into operation, a reference in the other subsections of this section to the worker’s employer does not include a reference to a person who is the worker’s employer only because of section 175 or 175AA.

        [Section 93B inserted: No. 48 of 1993 s. 4(3); amended: No. 34 of 1999 s. 32(4); No. 42 of 2004 s. 73; No. 16 of 2005 s. 10.]