Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 118

118 Condition on compensation application if compensation available under this Act and corresponding law

(1) This section applies if, for an injury, a person is entitled to—

(a) payment of compensation under this Act; and

(b) payment that corresponds to compensation payable under this Act under an entitlement under another law.

(2) An application for compensation under this Act is duly made, and is to be acted on, only if the claimant gives the insurer the claimant’s statutory declaration that—

(a) a claim for payment for the injury under the entitlement under the other law has not been made; and

(b) a claim mentioned in paragraph (a) will not be made.

(3) However, if the person’s entitlement under the other law relates only to payments corresponding to compensation under chapter 4A —

(a) subsection (2) does not apply; and

(b) an application for compensation under this Act is duly made, and is to be acted on, only if the claimant gives the insurer the claimant’s statutory declaration about—

(i) whether or not the claimant has made a claim for payment for the injury under the entitlement under the other law; and

(ii) if the claimant has not made a claim for payment for the injury under the entitlement under the other law—whether or not the claimant intends to make the claim.