138AFClaim to which Division applies

### 138AF Claim to which Division applies > [*\[Section 138AF of Part X Inserted by No. 65 of 2004, s. 32, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS32@EN) > > > (1)  This Division applies only to a claim for damages or recovery of contribution brought against a worker's employer in respect of an injury that was caused by – > > > > > > (a) the negligence or other tort (including breach of statutory duty) of the worker's employer; or > > > > > > > (b) a breach of contract by the worker's employer. > > > (2)  This Division also applies to a claim for damages or recovery of contribution brought against a person other than a worker's employer in respect of an injury if – > > > > > > (a) the worker's employment is connected with this State; and > > > > > > > (b) the negligence or other tort or the breach of contract on which the claim is founded occurred in this State. > > > (3)  Subsections (1)(a) and (2) apply even if damages resulting from the negligence or other tort are claimed in an action for breach of contract or other action. > > > (4)  A reference in this Division to a worker's employer includes a reference to – > > > > > > (a) a person who is vicariously liable for the acts of the employer; and > > > > > > > (b) a person for whose acts the employer is vicariously liable.