Victorian Current Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 - SECT 50

Compensation for disease due to employment

    (1)     Subject to section 7(1), section 40(2) and subsection (3) of this section, if—

        (a)     a worker suffers a disease that results in, or materially contributes to, the worker having either a current work capacity or no current work capacity; or

        (b)     the death of a worker is caused, or materially contributed to, by a disease—

and the disease is due to the nature of any employment in which the worker was employed at any time on or after 1 July 2014 before notice of an injury relating to the disease is given under section 18, the worker or the worker's dependants are entitled to compensation under this Act as if the disease were an injury arising out of or in the course of employment.

    (2)     For the purposes of subsection (1), a disease suffered by a worker is to be regarded as due to the nature of employment if, and only if, the nature of the employment gave rise to a significantly greater risk of the worker contracting the disease than had the worker not been employed in employment of that nature.

    (3)     Despite subsection (1), compensation is not payable in respect of a disease to the extent that the disease consists of, is caused by, results in or is associated with, a heart attack injury or a stroke injury unless the worker's employment was a significant contributing factor to the disease or to the injury.



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