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ACCIDENT COMPENSATION ACT 1985 - SECT 82

Entitlement to compensation

S. 82(1) amended by Nos 67/1992
s. 11(1), 95/2003 s. 3(3).

    (1)     If there is caused to a worker an injury arising out of or in the course of any employment, the worker shall be entitled to compensation in accordance with this Act.

S. 82(2) amended by Nos 67/1992
s. 11(1), 107/1997
s. 22, 95/2003 s. 3(4)(a)(b).

    (2)     If there is caused to a worker an injury arising out of or in the course of any employment which results in or materially contributes to the death of the worker, the worker's dependants shall be entitled, subject to this Act, to compensation in accordance with this Act.

Note to s. 82(2) inserted by No. 95/2003 s. 3(4)(c).

Note

Subsections (1) and (2), as amended by sections 3(3) and 3(4) of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003 , only apply to injuries that occur on or after the date of commencement of section 3 of that Act see section 262.

S. 82(2A) inserted by No. 67/1992
s. 11(2), substituted by No. 9/2010 s. 12.

    (2A)     There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury caused wholly or predominantly by any one or more of the following—

        (a)     management action taken on reasonable grounds and in a reasonable manner by or on behalf of the worker's employer; or

        (b)     a decision of the worker's employer, on reasonable grounds, to take, or not to take any management action; or

        (c)     any expectation by the worker that any management action would, or would not, be taken or a decision made to take, or not to take, any management action; or

S. 82(2A)(d) amended by No. 9/2020 s. 390(Sch. 1 item 2).

        (d)     an application under section 154 of the Local Government Act 2020 , or proceedings as a result of that application, in relation to the conduct of a worker who is a Councillor within the meaning of section 14AA.

S. 82(2B) inserted by No. 95/2003 s. 3(5), amended by No. 9/2010 s. 13(1).

    (2B)     There is no entitlement to compensation in respect of a heart attack injury or stroke injury that arises in the course of, or that was caused by, a disease, unless the worker's employment was a significant contributing factor to the injury or to the disease.

S. 82(2C) inserted by No. 95/2003 s. 3(5), amended by No. 9/2010 s. 13(1).

    (2C)     There is no entitlement to compensation in respect of the following injuries unless the worker's employment was a significant contributing factor to the injury—

        (a)     a heart attack injury or stroke injury to which subsection (2B) does not apply;

        (b)     a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment);

        (c)     a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre‑existing injury or disease.

Note

Sections 82(2B) and 82(2C) only apply to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003— see section 262.

S. 82(3) substituted by No. 64/1989
s. 9(1), amended by No. 9/2010 s. 13(2).

    (3)     If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted, there is no entitlement to compensation in respect of that injury.

S. 82(4) amended by No. 64/1989
s. 9(2), substituted by No. 9/2010 s. 13(3), amended by No. 49/2014 s. 49.

    (4)     Subject to sections 82A, 82B, 82BA and 82C, if it is proved that an injury to a worker is attributable to the worker's serious and wilful misconduct (including, but not limited to, being under the influence of intoxicating liquor or a drug or both), there is no entitlement to compensation in respect of that injury.

S. 82(4A) inserted by No. 83/1987
s. 36, amended by Nos 64/1989
s. 37(1)(b), 94/2003 s. 40, 93/2009 s. 49(5), repealed by No. 9/2010 s. 13(3).

    *     *     *     *     *

S. 82(5) amended by No. 9/2010 s. 13(4).

    (5)     Subsection (4) shall not apply if the injury results in death or severe injury.

S. 82(6) amended by Nos 67/1992
s. 11(3), 95/2003 s. 3(6)(a)(b).

    (6)     Subject to subsections (2B) and (2C), if a worker suffers an injury which occurs by way of a gradual process over time and which is due to the nature of employment in which the worker was employed at any time before notice of the injury was given, the worker or the worker's dependants shall be entitled to compensation under this Act as if the injury were an injury arising out of or in the course of employment.

S. 82(7) inserted by No. 107/1997
s. 23.

    (7)     If it is proved that before commencing employment with the employer—

        (a)     a worker had a pre-existing injury or disease of which the worker was aware; and

        (b)     the employer in writing—

              (i)     advised the worker as to the nature of the proposed employment; and

              (ii)     requested the worker to disclose all pre‑existing injuries and diseases suffered by the worker of which the worker was aware and could reasonably be expected to foresee could be affected by the nature of the proposed employment; and

              (iii)     advised the worker that subsection (8) will apply to a failure to make such a disclosure or the making of a false or misleading disclosure; and

              (iv)     advised the worker as to the effect of subsection (8) on the worker's entitlement to compensation; and

        (c)     the worker failed to make such a disclosure or made a false or misleading disclosure—

subsection (8) applies.

S. 82(8) inserted by No. 107/1997
s. 23.

    (8)     If this subsection applies, any recurrence, aggravation, acceleration, exacerbation or deterioration of the pre-existing injury or disease arising out of or in the course of or due to the nature of employment with the employer does not entitle the worker to compensation under this Act.

S. 82(9) inserted by No. 107/1997
s. 23.

    (9)     If this section operates to prevent a worker or the worker's dependants recovering compensation in respect of an injury, the worker or the worker's dependants cannot rely on this section to claim to be entitled to take any other action or proceedings in respect of the injury whether under this Act or otherwise.

S. 82(10) inserted by No. 9/2010 s. 14.

    (10)     In this section—

"management action", in relation to a worker, includes, but is not limited to, any one or more of the following—

        (a)     appraisal of the worker's performance;

        (b)     counselling of the worker;

        (c)     suspension or stand-down of the worker's employment;

        (d)     disciplinary action taken in respect of the worker's employment;

        (e)     transfer of the worker's employment;

        (f)     demotion, redeployment or retrenchment of the worker;

        (g)     dismissal of the worker;

        (h)     promotion of the worker;

              (i)     reclassification of the worker's employment position;

        (j)     provision of leave of absence to the worker;

        (k)     provision to the worker of a benefit connected with the worker's employment;

        (l)     training a worker in respect of the worker's employment;

        (m)     investigation by the worker's employer of any alleged misconduct—

              (i)     of the worker; or

              (ii)     of any other person relating to the employer's workforce in which the worker was involved or to which the worker was a witness;

        (n)     communication in connection with an action mentioned in any of the above paragraphs;

"permanent blindness" means—

        (a)     a field of vision that is constricted to 10 degrees or less of arc from central fixation in the better eye, irrespective of corrected visual acuity; or

        (b)     a corrected visual acuity of less than 6/60 on the Snellen Scale in both eyes; or

        (c)     a combination of visual defects resulting in the same degree of visual loss as referred to in paragraph (a) or (b);

"severe injury" means—

        (a)     a significant acquired permanent brain injury;

        (b)     permanent paraplegia;

        (c)     permanent quadriplegia;

        (d)     amputation of a limb, hand or foot;

        (e)     full thickness burns that—

              (i)     cause permanent severe disfigurement to the head or neck or an arm or a lower leg; or

              (ii)     result in a significant permanent inability to undertake the necessary activities of daily living;

        (f)     an injury that results in permanent blindness;

        (g)     a brachial plexus injury that results in the permanent effective loss of the use of a limb;

        (h)     a physical internal injury that results in a significant permanent inability to undertake the necessary activities of daily living.

S. 82A inserted by No. 9/2010 s. 15.



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