Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SECT 98A

S. 98A(1) amended by Nos 50/1994
s. 42(a)(i)–(iii), 7/1996 s. 49(f), 80/2010 s. 59(2).

    (1)     A worker who has suffered an injury mentioned in the Table in Schedule 3A (or 2 or more of any such injuries on the same occasion) is entitled to receive by way of compensation for pain and suffering resulting from the injury or all those injuries, in addition to any other compensation under this Act, an amount not exceeding $53 880.

S. 98A(2) amended by Nos 50/1994
s. 42(b), 7/1996 s. 49(g).

    (2)     This section does not apply if the compensation paid or payable under section 98 for the injury or all those injuries is less than $10 770.

S. 98A(3) amended by No. 50/1994
s. 42(c).

    (3)     The maximum amount of compensation under this section is payable only in a most extreme case and the amount payable in any other case shall be reasonably proportionate to that maximum amount having regard to the degree and duration of pain and suffering and the severity of the injury or injuries.

    (4)     Compensation under this section is not payable after the death of the worker concerned.

S. 98A(5) amended by No. 50/1994
s. 42(d).

    (5)     In this section—

pain and suffering means—

        (a)     actual pain; or

        (b)     distress or anxiety—

suffered or likely to be suffered by the injured worker, whether resulting from the injury concerned or from any necessary treatment.

S. 98A(6) inserted by No. 107/1997
s. 34.

    (6)     Compensation under this section is payable only in respect of an injury that arose before 12 November 1997.

S. 98B inserted by No. 50/1994 s. 43, repealed by No. 7/1996 s. 24(3).

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S. 98C inserted by No. 107/1997
s. 36.