In forceAmended2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process

39. Claim for permanent incapacity or current incapacity

Amended

Last amended by an amending law of 2024.

(1)

Any employee or platform worker who has made a deemed claim for a work injury under section 35 and who wishes to claim compensation for permanent incapacity or current incapacity arising from that work injury must make the claim, not later than one year after the date of the accident, for permanent incapacity or current incapacity.

(2)

Subsection (1) does not apply —

(a)

in relation to an employee who has made a deemed claim for a work injury — where the employer’s insurer or the Commissioner notifies the employee that the employee is being assessed for permanent incapacity or current incapacity; or

(b)

in relation to a platform worker who has made a deemed claim for a work injury — where the platform operator’s insurer or the Commissioner notifies the platform worker that the platform worker is being assessed for permanent incapacity or current incapacity.

(2)

Subsection (1) does not apply where the employer’s insurer or the Commissioner notifies the employee that the employee is being assessed for permanent incapacity or current incapacity.

(3)

A claim mentioned in subsection (1) must be —

(a)

made in the form and manner required by the Commissioner; and

(b)

accompanied by a written statement from a health professional certifying that, in the health professional’s opinion, the injury to the employee or platform worker (as the case may be) could give rise to permanent incapacity.

(4)

Subject to subsection (2), compensation for permanent incapacity or current incapacity is not payable to an employee or a platform worker who fails to make a claim in accordance with subsections (1) and (3).

Terms defined in this Act

claim
Defined · s 2
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Open s 2
employee
Defined · s 3
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Open s 3
employer
Defined · s 3
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club.
Open s 3
health professional
Defined · s 2
“health professional” means —(a)a registered medical practitioner under the Medical Registration Act 1997 and includes any person exempted from registration under that Act; or(b)a registered dentist under the Dental Registration Act 1999,and, in relation to compensation for medical treatment mentioned in section 16(1)(b), includes any medical practitioner or dentist registered to practise under the laws of the jurisdiction where the medical treatment is received;
Open s 2
injury
Defined · s 2
“injury” or “personal injury” includes an occupational disease or a disease mentioned in section 10(1)(c);
Open s 2
work injury
Defined · s 2
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
Open s 2