Part 7Common law

Part 7 — Common law

411. Terms used 287

412. References to employer include person for whom employer vicariously liable 287

413. Liability independent of this Act not affected 288

414. Requirements for motor vehicle claims not affected 288

Division 2 — Constraints on common law proceedings and damages: actions against employer

415. Application of Division 288

416. Damages to which this Division does not apply 288

417. Application of Division depends on when cause of action accrues 289

418. Limit on powers of courts to award damages against employer 289

419. No damages for noise‑induced hearing loss 289

420. No damages if compensation settlement agreement registered 290

421. Threshold requirements for commencement of proceedings and award of damages 290

422. Commencement of court proceedings against employer of worker with terminal disease 292

423. Effect of election to retain right to seek damages on entitlement to compensation 293

424. Maximum damages award for less than 25% impairment 294

425. Special provisions for HIV and AIDS 295

426. Special provisions for dust disease damages claims 295

427. Effect of this Division on contribution required from employer 297

428. Limits on agreements as to solicitor‑client costs 298

429. Regulations 299

Division 3 — Prevention of double recovery

430. Application of Division 299

431. Worker to be given opportunity to discontinue action for damages 299

432. Deduction or repayment of compensation if action for damages proceeds to judgment 299

433. Compensation proceedings not permitted if action for damages succeeds 301

Division 4 — Remedies against third parties

434. Worker entitled to proceed against third party for damages 301

435. Employer’s right to be indemnified by third party 302

436. Recovery of third party indemnity payment from worker 303