Australian Capital Territory Current Acts

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WORKERS COMPENSATION ACT 1951 - SECT 170

Who may make claim for payment

    (1)     A person may make a claim for payment against the DI fund (a "claim for payment") if the person—

        (a)     is—

              (i)     an injured worker (the injured worker ) who sustained an injury (the injury ) that forms the basis of the claim for payment; or

              (ii)     a person appointed to represent the injured worker; or

              (iii)     if the injured worker has died leaving a dependent—a dependent of the injured worker; or

              (iv)     if the injured worker has died leaving no dependents—a person acting on behalf of the estate of the injured worker; and

        (b)     cannot make a claim against a person other than the employer of the injured worker for—

              (i)     payment of compensation for the injury under this Act; or

              (ii)     damages for the injury arising independently of this Act; and

        (c)     is eligible to make a claim for payment under any of the following provisions:

              (i)     section 170E (Claim for payment if employer to pay and liability not covered by compulsory insurance policy etc);

              (ii)     section 170F (Claim for payment if final judgment etc and liability not covered by compulsory insurance policy);

              (iii)     section 170G (Claim for payment if agreement to discharge liability at common law and liability not covered by compulsory insurance policy);

              (iv)     section 170H (Claim for payment if final judgment etc and liability covered by compulsory insurance policy);

              (v)     section 170HA (Claim for payment if entitlement to claim compensation and licensed self-insurer unable to pay compensation);

              (vi)     section 170HB (Claim for payment if final judgment etc and licensed self-insurer unable to cover liability);

              (vii)     section 170I (Claim for payment if entitlement to claim compensation and liability covered by compulsory insurance policy).

    (2)     A person may also make a claim for payment if the person is—

        (a)     an injured worker (the injured worker ) who has sustained an injury that is an imminently fatal asbestos-related disease (the injury ) that forms the basis of the claim for payment; or

        (b)     a person appointed to represent the injured worker.

    (3)     However, a person may not make a claim for payment if, at the time of the injury

        (a)     the injured worker was a director of the worker's employer; and

        (b)     the employer did not hold a compulsory insurance policy that applies to the injured worker for the injury.



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