Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 197

Claims for compensation under Division 5

    (1)     In addition to the requirements under section 20, this Division applies to a Division 5 claim.

S. 197(2) amended by No. 10/2022 s. 63(1).

    (2)     Subject to subsection (3), a Division 5 claim (other than a claim for compensation for industrial deafness, an eligible progressive disease, a further EPD injury, a serious lung injury or an injury that has been treated with lung transplant surgery) cannot be made before the expiry of the period of 12 months after the date of the relevant injury.

    (3)     Despite subsection (2), the Authority or a self‑insurer may receive a Division 5 claim before the expiry of the period of 12 months after the date of the relevant injury if the relevant injury has stabilised.

    (4)     A worker must include all injuries arising out of the same event or circumstance in a Division 5 claim.

    (5)     A worker can make only one Division 5 claim in respect of injuries arising out of the same event or circumstance.

    (6)     Subject to section 204(2)(a), if a Division 5 claim is initiated in respect of a worker by the Authority or self-insurer under section 199, the worker cannot make a Division 5 claim in respect of injuries arising out of the same event or circumstance.

Note to s. 197 inserted by No. 10/2022 s. 63(2).

Note

For matters relating to industrial deafness, an eligible progressive disease, a further EPD injury, serious lung injury and an injury that has been treated with lung transplant surgery, see Subdivisions 3, 6 and 7 of Division 4 of Part 2.



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