3DParts 4, 5 and 6 not to apply to coal miner work injury claim resulting from uninsured off-road accident

#### 3D Parts 4, 5 and 6 not to apply to coal miner work injury claim resulting from uninsured off-road accident 3D Parts 4, 5 and 6 not to apply to coal miner work injury claim resulting from uninsured off-road accident > > (1) Parts 4, 5 and 6 do not apply in respect of the death of or injury to a coal miner caused by a motor accident if: > > > > > (a) the motor accident did not arise from the use or operation of a motor vehicle on a road or road related area, and > > > > > (b) there is no motor accident insurer on risk in respect of the motor accident, and > > > > > (c) the death or injury gives rise to a work injury claim. > > > (2) For the purposes of subsection (1) (b), there is no motor accident insurer on risk in respect of a motor accident if: > > > > > (a) at the time of the motor accident the motor vehicle was not subject to coverage under a third-party policy and was not subject to coverage under a policy of compulsory third-party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of a place other than New South Wales or under a law of the Commonwealth, and > > > > > (b) there is no right of action against the Nominal Defendant in respect of the motor accident. > > > (3) For the purposes of subsection (1) (c), death or injury gives rise to a work injury claim if it is: > > > > > (a) a death of a worker resulting from or caused by an injury to the worker (being an injury caused by the negligence or other tort of the worker’s employer), or > > > > > (b) an injury to a worker caused by the negligence or other tort of the worker’s employer. > > > (4) Expressions used in subsection (3) (a) and (b) have the same meanings as they have in Part 5 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070). > > > (5) In this section: > > > > coal miner has the same meaning as in clause 3 of Part 18 of Schedule 6 to the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070). > > **s 3D:** Ins 2004 No 77, Sch 1 \[1\].