Return to Work Act 1986
58Compensation payable in respect of heart attack or stroke
Start here
Get a plain-English read of 58
Turn the raw legal text into a practical explanation grounded in Return to Work Act 1986.
58 Compensation payable in respect of heart attack or stroke (1) Compensation is payable under this Part in respect of a heart attack injury or a stroke injury to a worker only: (a) for a heart attack or stroke injury that arose in the course of, or was caused by, a disease – if the worker's employment materially contributed to the injury or disease; or (b) for a heart attack or stroke injury that did not arise in the course of a disease and was not caused by a disease – if the worker's employment materially contributed to the injury. (2) In determining, for subsection (1), whether the worker's employment materially contributed to the injury or disease: (a) the following must be taken into account: (i) the duration of the worker's employment with the employer or employers who were the worker's employers at the time of the injury or the onset of the disease; (ii) the nature of the work performed;
Return to Work Act 1986 46 (iii) the particular tasks of the employment; (iv) the probability of the injury or disease occurring if that employment had not taken place; (v) the existence of any hereditary risks; (vi) the lifestyle of the worker; (vii) the activities of the worker outside the workplace; and (b) the material contribution of the worker's employment to the injury or disease is to be determined in accordance with section 4(8). heart attack injury means an injury to the heart, or a blood vessel supplying blood to, or associated with, the heart, that consists of, is caused by, results in or is associated with any of the following: (a) a heart attack; (b) a myocardial infarction; (c) a myocardial ischaemia; (d) angina, whether unstable or otherwise; (e) fibrillation, whether atrial, ventricular or otherwise; (f) an arrhythmia of the heart; (g) tachycardia, whether ventricular, supra ventricular or otherwise; (h) harm or damage to the blood vessel or associated plaque; (i) an impairment, disturbance or alteration of blood, or blood circulation, within the blood vessel; (j) an occlusion of the blood vessel, whether the occlusion is total or partial; (k) a rupture of the blood vessel, including a rupture of an aneurism of the blood vessel; (l) a haemorrhage from the blood vessel; (m) an aortic dissection;
Return to Work Act 1986 47 (n) any consequential physical harm or damage, including harm or damage to the brain; (o) any consequential mental harm or damage. stroke injury means an injury to the brain, or a blood vessel supplying blood to, or associated with, the brain, that consists of, is caused by, results in or is associated with any of the following: (a) a stroke; (b) a cerebral infarction; (c) a cerebral ischaemia; (d) a rupture of the blood vessel, including a rupture of an aneurism of the blood vessel; (e) a subarachnoid haemorrhage; (f) a haemorrhage from the blood vessel; (g) harm or damage to the blood vessel or associated plaque; (h) an impairment, disturbance or alteration of blood, or blood circulation, within the blood vessel; (i) an occlusion of the blood vessel, whether the occlusion is total or partial; (j) any consequential physical harm or damage, including neurological harm or damage; (k) any consequential mental harm or damage.