103Claim for compensation

103 Claim for compensation

New s. 103(1A) inserted by No. 67/2013 s. 634(2).

(1A) This section applies to a claim for compensation under section 98 or 98A in respect of an injury that arose before 12 November 1997.

S. 103(1) amended by Nos 107/1997
ss 27(2)(a),
43(1), 81/1998 s. 23(a), substituted by No. 9/2010 s. 19(1).

(1) A claim for compensation must be in a form approved by the Authority in respect of that type or class of claim.

S. 103(1A) inserted by No. 102/2004 s. 26(1), repealed by No. 9/2010 s. 19(1).

S. 103(1B) inserted by No. 102/2004 s. 26(1), repealed by No. 9/2010 s. 19(1).

S. 103(2) substituted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).

S. 103(3) substituted by No. 9/2010 s. 19(1).

(3) A claim for compensation (other than a claim arising from the death of a worker) must include an authority, signed by the worker, authorising a provider of a medical service or hospital service to the worker in connection with the injury to which the claim relates to give to the Authority, self-insurer or employer information regarding the service relevant to the claim.

S. 103(4) substituted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).

S. 103(4A) inserted by No. 9/2010 s. 19(1).

(4A) A claim for compensation—

(a) must be given to or served on the employer or self-insurer; or

(b) if section 106 of this Act or Part 5 of the Accident Compensation (WorkCover Insurance) Act 1993 applies, must be lodged with the Authority.

S. 103(4B) inserted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).

S. 103(4C) inserted by No. 9/2010 s. 19(1), substituted by No. 80/2010 s. 63, repealed by No. 67/2013 s. 634(3).

S. 103
(4D)–(4H) inserted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).

S. 103(5) amended by No. 81/1998 s. 23(a).

(5) If—

(a) a claim for compensation is made in respect of an injury to a worker arising out of or in the course of, or due to the nature of, employment with a particular employer; and

(b) the claim is made after the worker ceases to be employed by that employer—

the claim is deemed not to have been made unless the claimant satisfies the Authority or self-insurer that he or she could not reasonably have made the claim while employed by that employer.

S. 103(6) amended by No. 37/2014 s. 10(Sch. item 2.3).

(6) If a claim for compensation relates to an injury resulting from an accident involving a motor vehicle within the meaning of the the claim is deemed not to have been made unless a report of the accident has been made to a police officer, whether under section 61 of the or otherwise.