sec.126Qualifying condition— Act , s 193A

sec.126 Qualifying condition— Act , s 193A

For section 193A (2) (b) of the Act , this section prescribes the condition applying to an entitlement to section 193A compensation for an injury sustained by a worker. The worker is entitled to section 193A compensation only if— the insurer is satisfied, on the balance of probabilities, that the worker’s employer is, or would have been, liable to pay damages to the worker; but the worker can not seek damages because of the application of former section 237 (1) (a) (i) . In this section— former section 237(1)(a)(i) means section 237 (1) (a) (i) of the Act , as in force from 15 October 2013 until 31 January 2015. (sec.126-ssec.1) For section 193A (2) (b) of the Act , this section prescribes the condition applying to an entitlement to section 193A compensation for an injury sustained by a worker. (sec.126-ssec.2) The worker is entitled to section 193A compensation only if— the insurer is satisfied, on the balance of probabilities, that the worker’s employer is, or would have been, liable to pay damages to the worker; but the worker can not seek damages because of the application of former section 237 (1) (a) (i) . (sec.126-ssec.3) In this section— former section 237(1)(a)(i) means section 237 (1) (a) (i) of the Act , as in force from 15 October 2013 until 31 January 2015.

• (a) the insurer is satisfied, on the balance of probabilities, that the worker’s employer is, or would have been, liable to pay damages to the worker; but
• (b) the worker can not seek damages because of the application of former section 237 (1) (a) (i) .