(1) This Act does not apply in relation to deciding liability or awards of
damages for personal injury if the harm resulting from the breach of duty is
or includes—
(a) an injury for which compensation is payable under the
WorkCover Queensland Act 1996 , other than an injury to which section 36 (1)
(c) or 37 of that Act applies; or
Example for paragraph (a)—
A worker
employed under a contract of service with a labour hire company is injured at
the premises of a host employer while driving a defective machine. The worker
pursues claims for damages for civil liability against the labour hire
company, the host employer and the manufacturer of the machine. The worker
suffers a number of injuries but only 1 of them is accepted as an injury under
the WorkCover Queensland Act 1996 , section 34 . This Act does not apply to
any of the claims for damages.
(b) an injury for which compensation is
payable under the Workers’ Compensation and Rehabilitation Act 2003 , other
than an injury to which section 34 (1) (c) or 35 of that Act applies; or
(c)
an injury that is a dust-related condition; or
(d) an injury resulting from
smoking or other use of tobacco products or exposure to tobacco smoke.
(2)
For subsection (1) (a) or (b) , the following is immaterial—
(a) whether
compensation for the injury is actually claimed under the relevant Workers’
Compensation Act;
(b) whether the entitlement to seek damages for the injury
is regulated under that Act.
(3) Despite subsection (1) (c) and (d) , this
Act applies for deciding awards of section 59A damages relating to an injury
mentioned in subsection (1) (c) or (d) .
(4) To remove any doubt, it is
declared that a breach of duty mentioned in subsection (1) includes a breach
of duty giving rise to a dependency claim.
(5) In this section—
"compensation" for injury, under a relevant Workers’ Compensation Act,
includes payment of—
(a) reasonable expenses for medical treatment or
attendance; and
(b) funeral expenses.
"relevant Workers’ Compensation Act" means—
(a) for compensation, or an
entitlement to seek damages, for an injury mentioned in subsection (1) (a)
—the WorkCover Queensland Act 1996 ; or
(b) for compensation, or an
entitlement to seek damages, for an injury mentioned in subsection (1) (b)
—the Workers’ Compensation and Rehabilitation Act 2003 .