Division 5Division 5 Compensation for property damage
74 Damage to artificial limbs etc
(cf former s 10A (1), (2), (3))
(1) A worker:(a) who has met with an accident arising out of or in the course of the worker’s employment, and(b) whose crutches, artificial members, eyes or teeth, other artificial aids, or spectacles, are damaged as a result of the accident,is entitled to receive, by way of compensation from the worker’s employer, the reasonable cost of repairing or, if necessary, replacing the articles so damaged.(2) Nothing in this section:(a) affects the liability of an employer under Division 3, or(b) entitles a worker to payments under this section as well as under Division 3 in respect of the same damage.(3) For the purposes of this section, the cost of repairing or replacing any article includes:(a) any fees and charges paid by the worker to medical practitioners, dentists or other qualified persons for such services by way of consultations, examinations or prescriptions as are reasonably rendered in connection with the repairing or replacing of the article, and(b) the amount of any wages lost by the worker by reason of the worker’s attendance at any place for the purpose of having, undergoing or obtaining any such consultation, examination or prescription.
(cf former s 10B (1))
A worker:(a) who has met with an accident arising out of or in the course of the worker’s employment, and(b) whose clothing has, as a result of the accident, been damaged,is entitled to receive, by way of compensation from the worker’s employer, the reasonable cost of repairing or, if necessary, replacing the articles of clothing so damaged.
76 Maximum rate for damage to artificial limbs, spectacles
(cf former s 10A (1))
(1) The maximum amount for which an employer is liable under section 74 in respect of damage resulting from an accident is:(a) $2,000, or(b) where some greater amount has been prescribed by the regulations—that greater amount.(2) Subject to the regulations, a direction may be given that the employer of a worker is liable for an amount additional to that prescribed by subsection (1).(3) If proceedings relating to the worker’s claim for compensation are before the Commission and those proceedings relate to, or include matters relating to, damage to an item referred to in section 74 (1) (b), such a direction may be given by the Commission. If no such proceedings are before the Commission, such a direction may be given by the Authority on application made in respect of the worker from time to time.(4) If the maximum amount referred to in subsection (1) is, on or after the commencement of this subsection, amended either by an Act or a regulation, the amount for which an employer is liable under section 74 in respect of damage resulting from an accident to a worker is to be calculated by reference to the maximum amount applicable to the worker at the time of the accident.
77 Maximum rate for damage to clothing
(cf former s 10B (1))
(1) The maximum amount for which an employer is liable under section 75 in respect of damage resulting from an accident is:(a) $600, or(b) where some greater amount has been prescribed by the regulations—that greater amount.(2) Subject to the regulations, a direction may be given that the employer of a worker is liable for an amount additional to that prescribed by subsection (1).(3) If proceedings relating to the worker’s claim for compensation are before the Commission and those proceedings relate to, or include matters relating to, damage to the worker’s clothing, such a direction may be given by the Commission. If no such proceedings are before the Commission, such a direction may be given by the Authority on application made in respect of the worker from time to time.(4) If the maximum amount referred to in subsection (1) is, on or after the commencement of this subsection, amended either by an Act or a regulation, the amount for which an employer is liable under section 75 in respect of damage resulting from an accident to a worker is to be calculated by reference to the maximum amount applicable to the worker at the time of the accident.
(cf former ss 10A (1A), (1B), 10B (2), (3))
(1) If it is proved that any damage for which compensation would otherwise be payable to a worker under this Division is solely attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that damage.(2) Compensation is not payable under this Division in respect of any damage caused intentionally by the worker concerned.(3) The provisions of Part 5 (Common law remedies) apply to damage to which this Division applies in the same way as they apply to injuries.(4) For the purposes of this Division, an accident arises out of or in the course of employment if:(a) the accident occurred on a journey to which section 10 applies, and(b) the worker received an injury in that accident for which compensation is, because of that section, payable or, if the worker had been injured in that accident, compensation would have been so payable.