Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 119

119 Entitlement to compensation ends if damages claim is finalised

(1) This section applies if, for an injury, there is—

(a) an entitlement to compensation; and

(b) an entitlement to recover damages against an employer or another person.

(2) An entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.

(3) However, an entitlement to compensation under chapter 4A for an injury ends only if—

(a) the damages include treatment, care and support damages; and

(b) the worker accepts the treatment, care and support damages within the acceptance period.

(4) To remove any doubt, it is declared that the ending, under subsection (3) , of an entitlement to compensation under chapter 4A for an injury also stops any entitlement to compensation under chapter 4 for the injury.

(5) In this section—

"accept" , for treatment, care and support damages, see section 232U .

"acceptance period" , for treatment, care and support damages, see section 232U .

"damages" includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .