sec.324The applicable substantive law for work injury claims

### sec.324 The applicable substantive law for work injury claims If compensation is payable (whether or not it has been paid) under the statutory workers’ compensation scheme of a State in relation to an injury to a worker, the substantive law of that State is the substantive law that governs— whether or not a claim for damages in relation to the injury can be made; and if it can be made, the determination of the claim. For the purposes of this section, compensation is considered to be payable under a statutory workers’ compensation scheme of a State in relation to an injury if compensation in relation to it— would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made. (sec.324-ssec.1) If compensation is payable (whether or not it has been paid) under the statutory workers’ compensation scheme of a State in relation to an injury to a worker, the substantive law of that State is the substantive law that governs— whether or not a claim for damages in relation to the injury can be made; and if it can be made, the determination of the claim. (sec.324-ssec.2) For the purposes of this section, compensation is considered to be payable under a statutory workers’ compensation scheme of a State in relation to an injury if compensation in relation to it— would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made. - (a) whether or not a claim for damages in relation to the injury can be made; and - (b) if it can be made, the determination of the claim. - (a) would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or - (b) would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made.