151EApplication—modified common law damages

151E Application—modified common law damages

151E Application—modified common law damages

(1) This Division applies to an award of damages in respect of—

(a) an injury to a worker, or

(b) the death of a worker resulting from or caused by an injury,

being an injury caused by the negligence or other tort of the worker’s employer.

(2) This Division does not apply to an award of damages to which Part 6 of the Motor Accidents Act 1988, Chapter 5 of the Motor Accidents Compensation Act 1999 or Part 4 of the Motor Accident Injuries Act 2017 applies.

Note.

However, this Division will generally apply in the case of an injury to a coal miner if the injury is caused by an off-road motor accident and there is no motor accident insurer on risk (see section 3D of the Motor Accidents Act 1988, section 3B of the Motor Accidents Compensation Act 1999 and section 1.10 of the Motor Accident Injuries Act 2017).

(2A) This Division does not apply to an award of damages if the damages arise from abuse against a child (whether arising under Part 1B of the Civil Liability Act 2002 or the common law).

(3) This Division applies to an award of damages in respect of an injury caused by the negligence or other tort of the worker’s employer even though the damages are recovered in an action for breach of contract or in any other action.

(4) Subsection (3) is enacted for the avoidance of doubt and has effect in respect of actions brought before as well as after the commencement of that subsection.

s 151E: Ins 1989 No 133, Sch 1 (1). Am 1991 No 2, Sch 4 (2); 1999 No 41, Sch 4.17 [3]; 2004 No 77, Sch 3.1; 2006 No 17, Sch 2.2; 2017 No 10, Sch 5.14 [2]; 2018 No 56, Sch 2; 2018 No 62, Sch 6.2 [3].