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.]