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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 54
Second-injury scheme
54 Second-injury scheme
(cf 1987 s 153A)
(1) The Authority is to institute and administer under
section 53 a scheme (to be called
"the second-injury scheme" ) to encourage the employment of injured workers by
providing financial incentives to their employers in connection with insurance
liabilities arising from further injuries to the workers.
(2)
The second-injury scheme applies to such injured workers as are approved by
the Authority as being suitable for inclusion in the scheme.
(3) Any such
approval-- (a) applies to such employment of the injured worker as is
specified in the approval (including employment that is limited to, or
excludes, employment with particular employers), and
(b) applies for a period
of 6 months of any such employment or such other period as is specified in the
approval, and
(c) applies to all injuries or only to particular injuries, or
injuries of a class, specified in the approval, and
(d) is subject to any
other conditions imposed by the Authority.
(4) If the second-injury scheme
applies to an injured worker-- (a) the employer of the worker is not required
under section 160 (Recovery of excess from employer) of the 1987 Act to repay
the relevant part of any weekly compensation claim paid under a
policy of insurance for compensation for an injury to the worker to which the
scheme applies, and
(b) any such claim (or any liability of the employer
independently of this Act for that injury) is to be excluded from the claims
experience of the employer for the purposes of calculating the premium payable
by the employer for a policy of insurance.
(5) Subsection (4) is subject to--
(a) the regulations, and
(b) the terms and conditions of the Authority's
approval for the inclusion of the injured worker in the second-injury scheme,
and
(c) any other limitation imposed by the Authority when giving that
approval.
(6) The regulations may make provision for or with respect to the
operation of the second-injury scheme.
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