26INon-economic loss damages limited to workers compensation amount

#### 26I Non-economic loss damages limited to workers compensation amount 26I Non-economic loss damages limited to workers compensation amount > > (1) A court may award damages for non-economic loss up to a maximum of the total amount to which a worker would be entitled as compensation under Division 4 (Compensation for non-economic loss) of Part 3 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) if the worker had received an injury that entitled the worker to compensation under that Act and that resulted in a degree of permanent impairment that is the same as the offender’s degree of permanent impairment. > > > (2) When determining the total amount to which a worker would be entitled as compensation under a provision of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), the amount is to be determined under the provision as it was in force when the injury to the offender was received. > > **s 26I:** Ins 2004 No 29, Sch 1 \[3\]. Am 2005 No 9, Sch 1 \[5\]; 2012 No 53, Sch 2.3.