50Entitlement limited—workers compensation claimant

50 Entitlement limited—workers compensation claimant (a) is injured in a motor accident; and (b) is entitled to defined benefits; and (c) makes a claim for compensation under a workers compensation scheme in relation to the injury. (2) A person’s entitlement to relevant defined benefits ends on the day the person’s claim for workers compensation is— (a) accepted; or

(b) otherwise settled in accordance with the workers compensation scheme, including on a without prejudice basis. Example—par (b) a licensed insurer under the Workers Compensation Act 1951 settles a claim with the claimant by agreement to make a payment to the claimant without accepting liability for the claimant’s injury (see that Act, s 133) (3) However, the person’s entitlement to relevant defined benefits is revived if the person’s claim for workers compensation is— (a) withdrawn within 13 weeks after the date of the motor accident; or (b) rejected. Note See also the withdrawal requirements under s 73 (4). (4) Relevant defined benefits are not payable in relation to any benefits paid and not recovered under the workers compensation scheme before the claim was withdrawn or rejected. relevant defined benefits means the following: (a) income replacement benefits; (b) treatment and care benefits; (c) quality of life benefits.