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 S. 103(1A) inserted by No. 102/2004 s. 26(1), repealed by No. 9/2010 s. 19(1). S. 103(1B) inserted by No. 102/2004 s. 26(1), repealed by No. 9/2010 s. 19(1). S. 103(2) substituted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).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 S. 103(4) substituted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).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 S. 103(4B) inserted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3). S. 103(4C) inserted by No. 9/2010 s. 19(1), substituted by No. 80/2010 s. 63, repealed by No. 67/2013 s. 634(3). S. 103 (4D)–(4H) inserted by No. 9/2010 s. 19(1), repealed by No. 67/2013 s. 634(3).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 **Road Safety Act 1986** 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 **Road Safety Act 1986** or otherwise. S. 103(7) amended by Nos 107/1997 s. 27(2)(b), 9/2010 s. 19(2)(a), 80/2010 s. 78(f), substituted by No. 67/2013 s. 634(4). (7) Subject to subsection (8), a claim for compensation under section 98A must be given, served or lodged under this section or section 106 at the same time as the claim for compensation under section 98 in respect of the same injury is given, served or lodged. S. 103(8) amended by No. 81/1998 s. 23(a). (8) If the Authority or self-insurer is satisfied that a person making a claim for compensation had a special excuse for not making the claim within the relevant applicable time limit, the Authority or self-insurer may waive or extend the time limit to enable the claim for compensation to be made. S. 103(9) inserted by No. 82/2001 s. 16, amended by No. 80/2010 s. 59(3). (9) A claim for compensation by a worker under section 98 or 98A must seek compensation for all injuries of the worker that are within the categories of injury listed in the Table in Schedule 3A that are compensable under that section and that are manifest and that have stabilised. S. 103(10) inserted by No. 82/2001 s. 16. (10) Subsection (9) only applies in respect of claims for compensation that are given, served or lodged after the commencement of section 16 of the **Accident Compensation (Amendment) Act** **2001**. S. 103(11) inserted by No. 82/2001 s. 16. (11) Subsection (9) only applies in respect of injuries of the worker arising out of, or in the course of, or due to the nature of, the worker's employment with— S. 103(11)(a) amended by No. 9/2010 s. 19(2)(b). (a) the employer to, or on, whom the claim for compensation was given or served under section 103(4A); or S. 103(11)(b) amended by No. 9/2010 s. 19(2)(c). (b) the employer referred to in section 106 if the claim for compensation was lodged with the Authority; or S. 103(11)(c) amended by No. 9/2010 s. 19(2)(d). (c) the employer referred to in Part 5 of the **Accident Compensation (WorkCover Insurance) Act** **1993** if the claim for compensation was lodged with the Authority. S. 103(12) inserted by No. 82/2001 s. 16. (12) Subsection (9) does not apply to a worker who, at the time the claim for compensation was given, served or lodged— (a) was under 18 years of age; or (b) was not capable of managing his or her affairs in relation to the claim by reason of injury, disease, illness, dementia, intellectual impairment, physical disability or mental disorder. S. 103A inserted by No. 82/2001 s. 17.