Worker's Compensation

Question 1

Right to Compensation

Answer 1

1. is the individual a worker?
   - Workers Comp. and Rehabilitation Act 2003: s 11.
2. suffering from a recognised form of injury
   - personal injury arising out of, or in the course of, employment, if the employment is a significant contributing factor.
   - or major contributing factor if the injury is psychiatric.
   - s 32
   - employment need not be a contributing factor is a “recess” or “journey” claim: s 32(2).
3. Arising out of, or in the course of employment.
   - s 34, 35, 36.
4. does the individual fall within the any of the listed “exclusions”.
   - injury is self inflicted, s 129
   - injury caused by serious and wilful misconduct, s 130.
   if within exclusions, compensation is not payable

Question 2

Benefits payable

Answer 2

1. periodic payments for loss of earnings
   - s 150, 151
   - paid until worker’s incapacity stops, payments for 5 years, or when compensation = $200 000 (s 140(1)(a)).
   - s 144A
2. Hospital, medical and rehabilitation expenses.
   - ss 210, 222
   - hospital and medical expenses paid until: the entitlement to weekly repayments of compensation for loss of earning stops and treatment is no longer required.
   - s 144B
3. Lump sum payments for permanent impairment and disfigurement
   - s 178 and ss 37, 38.
   - max xompensation = $200 00 (s 140(1)(b))
4. travel expenses
   - s 219