39Entitlement to compensation

39 Entitlement to compensation

S. 39(1) amended by No. 8/2024 s. 5(1).

(1) If there is caused to a worker an injury, other than a mental injury, arising out of or in the course of any employment, the worker is entitled to compensation in accordance with this Act.

S. 39(1A) inserted by No. 8/2024 s. 5(2).

(1A) If there is caused to a worker a mental injury predominantly arising out of or in the course of any employment, the worker is entitled to compensation in accordance with this Act.

(2) If there is caused to a worker an injury arising out of or in the course of any employment which results in or materially contributes to the death of the worker, the worker's dependants are entitled, subject to this Act, to compensation in accordance with this Act.

S. 39(2A) inserted by No. 8/2024 s. 5(3).

(2A) Despite section 40(1A), a worker is entitled to compensation in accordance with this Act if there is caused to a worker a mental injury predominantly caused by traumatic events experienced by the worker that may be considered usual or typical and reasonably expected to occur in the course of the worker's duties.

(3) Subject to section 7(1) and section 40(2) and (3), if a worker suffers an injury which occurs by way of a gradual process over time and which is due to the nature of employment in which the worker was employed at any time before notice of the injury was given, the worker or the worker's dependants are entitled to compensation under this Act as if the injury were an injury arising out of or in the course of employment.

(4) If section 40 or 41 operates to prevent a worker or the worker's dependants recovering compensation in respect of an injury, the worker or the worker's dependants cannot rely on this section to claim to be entitled to take any other action or proceedings in respect of the injury whether under or in accordance with this Act or otherwise.