50Application—ch 5

50 Application—ch 5 (1) This chapter applies to all claims for damages for personal injury, including claims to which the Motor Accident Injuries Act 2019, chapter 5 (Motor accident injuries—common law damages) applies. (2) However, this chapter does not apply to— (a) a claim for compensation under the Workers Compensation Act 1951; or (b) a claim for which— (i) notice has been given by or for the claimant under the Limitation Act 1985, section 30A (2) (Special provision for injuries to children); and (ii) notice has been given by a respondent under that Act, section 30A (6). (3) Also, this chapter does not apply to a claim for damages for personal injury if a claim for compensation has been made under the Workers Compensation Act 1951 in relation to the injury. (4) Despite subsection (3), part 5.2 (Claims procedures) applies to a claim for damages for personal injury, even though a claim for compensation may have been made under the Workers Compensation Act 1951 in relation to the injury, if— (a) the Motor Accident Injuries Act 2019, chapter 5 applies to the claim; or

(b) the claim is made against a person who is not an employer or insurer in relation to the injury under the Workers Compensation Act 1951, chapter 6 (Claims) even though it is also made against such a person.