(1) In this Chapter:
damages has the same meaning as in Part 5 (Common law remedies) of the 1987 Act.
existing claim means a claim for compensation that is made before the commencement of this section or a related claim that is made or entitled to be made (whether before or after the commencement of this section).Note. Part 18C of Schedule 6 to the 1987 Act provides for the transfer of existing claims, so that the claims transferred will be treated as new claims.
existing claim matter means any matter arising under the Workers Compensation Acts in respect of an existing claim.
insurer means a licensed insurer, specialised insurer or self-insurer, or a former licensed insurer.
new claim means any claim (made or entitled to be made) that is not an existing claim.
new claim matter means any matter arising under the Workers Compensation Acts in respect of a new claim.
related claims are claims or further claims for compensation in respect of the same injury, whether or not the claims are in respect of the same kind of compensation.
work injury damages means damages recoverable from a worker’s employer in respect of:(a) an injury to the worker caused by the negligence or other tort of the employer, or(b) the death of the worker resulting from or caused by an injury caused by the negligence or other tort of the employer,whether the damages are recoverable in an action for tort or breach of contract or in any other action, but does not include motor accident damages.Note.
However, work injury damages generally extends to damages recoverable from a worker’s employer in the case of an injury to a coal miner where the injury is caused by an off-road motor accident and there is no motor accident insurer on risk (see section 3D of the Motor Accidents Act 1988 and section 3B of the Motor Accidents Compensation Act 1999).(2) In the definition of work injury damages in subsection (1), a reference to a worker’s employer includes a reference to:(a) a person who is vicariously liable for the acts of the employer, and(b) a person for whose acts the employer is vicariously liable.(3) A claim served on an insurer in accordance with the WorkCover Guidelines or forwarded to an insurer by the employer is taken to have been made on the insurer (and to have been so made when it was made on the employer).