QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.119Entitlement to compensation ends if damages claim is finalised
Start here
Get a plain-English read of sec.119
Turn the raw legal text into a practical explanation grounded in Workers' Compensation and Rehabilitation Act 2003.
### sec.119 Entitlement to compensation ends if damages claim is finalised
This section applies if, for an injury, there is—
an entitlement to compensation; and
an entitlement to recover damages against an employer or another person.
An entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.
However, an entitlement to compensation under chapter 4A for an injury ends only if—
the damages include treatment, care and support damages; and
the worker accepts the treatment, care and support damages within the acceptance period.
To remove any doubt, it is declared that the ending, under subsection (3) , of an entitlement to compensation under chapter 4A for an injury also stops any entitlement to compensation under chapter 4 for the injury.
In this section—
accept , for treatment, care and support damages, see section 232U .
acceptance period , for treatment, care and support damages, see section 232U .
damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .
s 119 amd 2016 No. 44 s 15
(sec.119-ssec.1) This section applies if, for an injury, there is— an entitlement to compensation; and an entitlement to recover damages against an employer or another person.
(sec.119-ssec.2) An entitlement to compensation ends when settlement for damages is agreed or judgment for damages is given.
(sec.119-ssec.3) However, an entitlement to compensation under chapter 4A for an injury ends only if— the damages include treatment, care and support damages; and the worker accepts the treatment, care and support damages within the acceptance period.
(sec.119-ssec.4) To remove any doubt, it is declared that the ending, under subsection (3) , of an entitlement to compensation under chapter 4A for an injury also stops any entitlement to compensation under chapter 4 for the injury.
(sec.119-ssec.5) In this section— accept , for treatment, care and support damages, see section 232U . acceptance period , for treatment, care and support damages, see section 232U . damages includes damages under a legal liability existing independently of this Act, whether or not within the meaning of section 10 .
- (a) an entitlement to compensation; and
- (b) an entitlement to recover damages against an employer or another person.
- (a) the damages include treatment, care and support damages; and
- (b) the worker accepts the treatment, care and support damages within the acceptance period.