12DDamages for non-economic loss not to be reduced by certain compensation payments

12D Damages for non-economic loss not to be reduced by certain compensation payments

12D Damages for non-economic loss not to be reduced by certain compensation payments

(1) This section applies to proceedings before the Tribunal (including proceedings on an appeal from the Tribunal) for damages in relation to dust-related conditions.

(2) In determining damages for non-economic loss in any such proceedings, no deduction is to be made for any amount of compensation already paid or payable, or payable in the future, under the Workers’ Compensation (Dust Diseases) Act 1942.

(3) In this section—

damages for non-economic loss means damages or compensation for the following—

(a) pain and suffering,

(b) loss of amenities of life,

(c) loss of expectation of life,

(d) disfigurement,

(e) the need for services of a domestic nature or services relating to nursing and attendance which have been or are to be provided to a person by another person, and for which the first person has not paid and is not liable to pay any fee or charge.

s 12D: Ins 1998 No 130, Sch 1 [6].