New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 66

66 Manner of making claim for compensation

(cf former 92A)

(1) The manner of making a claim for compensation is by serving the claim on the employer from whom the compensation is claimed.

(2) A claim for compensation may be made by serving the claim on an insurer who has indemnified the employer in respect of the claim if--

(a) the person making the claim has reason to believe that the employer may not forward the claim to the insurer in accordance with section 69 (1) (a), or

(b) the employer has refused to receive the claim, or

(c) the person making the claim cannot identify or find the employer, or

(d) the employer (being a natural person) is dead, or

(e) the employer (being a corporation) has been wound up.

(2A) Once a claim for compensation (the
"initial claim" ) in respect of injury or death has been duly made by a person in accordance with subsection (1) or (2), any further claim by the person for compensation in respect of the injury or death may be made by serving it on either the employer from whom compensation is claimed or the insurer who has indemnified the employer.

(2B) In subsection (2A),
"further claim" includes--

(a) any claim by the person for compensation of a different kind from that claimed in respect of the injury or death by the initial claim, or

(b) any claim that is supplementary to or associated with the initial claim.

(2C) An insurer must notify the employer concerned when a further claim is made by serving it on the insurer if the claim--

(a) is for compensation under Division 4 (Compensation for non-economic loss) of Part 3 of the 1987 Act, or

(b) is a claim of a kind that is prescribed by the regulations for the purposes of this section.

(2D) The regulations may provide that in a specified class or classes of case a further claim must, despite subsection (2A), be served on the employer from whom the compensation is claimed.

(3) For the purposes of this section, a claim for compensation is served on a person if--

(a) it is given personally to the person, or

(b) it is delivered or sent by post to the residence or any place of business of the person, or

(c) it is served in any other manner authorised by sections 109X and 601CX of the Corporations Act 2001 of the Commonwealth.