138ABClaims for damages

### 138AB Claims for damages > [*\[Section 138AB of Part X Inserted by No. 99 of 2000, s. 70, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS70@EN) [*\[Section 138AB Subsection (1) amended by No. 42 of 2007, s. 36, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2007-042#GS36@EN) [*\[Section 138AB Subsection (5) amended by No. 65 of 2004, s. 31, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS31@EN) [*\[Section 138AB Substituted by No. 85 of 2009, s. 45, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS45@EN) > > > (1)  A settlement by agreement of a claim for damages in respect of an injury to a worker for which compensation is payable under this Act is void unless the threshold requirement is met in relation to the injury. > > > (2)  A person may not commence proceedings for an award of damages in respect of an injury to a worker for which compensation is payable under this Act, unless the threshold requirement is met in relation to the injury. > > > (3)  The threshold requirement is met in relation to an injury if – > > > > > > (a) there has been provided to the Tribunal a statement in writing, signed by a medical practitioner, certifying that, in the opinion of the practitioner, the degree of permanent impairment of the worker resulting from the injury is not less than 20% of the whole person; and > > > > > > > (b) the Tribunal has determined that the degree of permanent impairment of the worker resulting from the injury is not less than 20% of the whole person. > > > (4)  The threshold requirement is met in relation to an injury suffered by a worker if – > > > > > > (a) the injury is an injury to which [section 71(3)](#GS71@Gs3@EN) applies; and > > > > > > > (b) there has been provided to the Tribunal a statement in writing, signed by a medical practitioner, certifying that the injury is an injury to which [section 71(3)](#GS71@Gs3@EN) applies. > > > (5)  [*\[Section 138AB Subsection (5) amended by No. 39 of 2017, s. 34, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS34@Hpa@EN) An assessment of the degree of the worker's permanent impairment for the purposes of this section is to be carried out in accordance with [section 72](#GS72@EN) or [73](#GS73@EN) . > > > (6)  [*\[Section 138AB Subsection (6) amended by No. 39 of 2017, s. 34, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS34@Hpb@EN) The Tribunal may refer the question of the degree of permanent impairment to a medical panel in accordance with [Part V](#HPV@EN) . > > > (7)  The Tribunal is to keep a record of – > > > > > > (a) a statement provided to the Tribunal in accordance with [subsection (3)(a)](#GS138AB@Gs3@Hpa@EN) ; and > > > > > > > (b) a determination of the Tribunal of the kind referred to in [subsection (3)(b)](#GS138AB@Gs3@Hpb@EN) ; and > > > > > > > (c) a statement provided to the Tribunal in accordance with [subsection (4)(b)](#GS138AB@Gs4@Hpb@EN) ; and > > > > > > > (d) any other prescribed matter.