sec.109Who must pay compensation

### sec.109 Who must pay compensation If an employer is a self-insurer, the employer must pay the compensation. Otherwise, WorkCover must pay the compensation. An employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by WorkCover for an injury sustained by the worker. Maximum penalty—300 penalty units. An employer who is a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker. Maximum penalty—300 penalty units. However, an employer may pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker if— the worker has made an application for compensation under section 132 ; and the employer has complied with section 133A . Subsection (5) applies only until the insurer has allowed a claimant’s application for compensation under section 134 . Subsections (2) and (3) are subject to section 66 . s 109 amd 2004 No. 45 s 15 ; 2005 No. 50 ss 15 , 3 sch ; 2019 No. 33 s 42 ; 2024 No. 40 s 33 (sec.109-ssec.1) If an employer is a self-insurer, the employer must pay the compensation. (sec.109-ssec.2) Otherwise, WorkCover must pay the compensation. (sec.109-ssec.3) An employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by WorkCover for an injury sustained by the worker. Maximum penalty—300 penalty units. (sec.109-ssec.4) An employer who is a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker. Maximum penalty—300 penalty units. (sec.109-ssec.5) However, an employer may pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker if— the worker has made an application for compensation under section 132 ; and the employer has complied with section 133A . (sec.109-ssec.6) Subsection (5) applies only until the insurer has allowed a claimant’s application for compensation under section 134 . (sec.109-ssec.7) Subsections (2) and (3) are subject to section 66 . - (a) the worker has made an application for compensation under section 132 ; and - (b) the employer has complied with section 133A .