Workplace Injury Rehabilitation and Compensation Act 2013
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Workplace Injury Rehabilitation and Compensation Act 2013
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356B Initial and subsequent award of damages for serious silica-related conditions
If it is proved or admitted in an action for damages in respect of a serious silica-related condition that the worker may at some time in the future develop another serious silica‑related condition wholly or partly as a result of the act or omission giving rise to the cause of action, the court may—
(a) award, in the first instance, damages for the serious silica-related condition assessed on the assumption that the worker will not develop another serious silica-related condition (the initial award); and
(b) award damages at a future date if the worker does develop another serious silica-related condition (the subsequent award).
S. 356C inserted by No. 10/2022 s. 77.