40When no entitlement to compensation

40 When no entitlement to compensation

(1) There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury caused wholly or predominantly by any one or more of the following—

(a) management action taken on reasonable grounds and in a reasonable manner by or on behalf of the worker's employer;

(b) a decision of the worker's employer, on reasonable grounds, to take, or not to take, any management action;

(c) any expectation by the worker that any management action would, or would not, be taken or any decision made to take, or not to take, any management action;

S. 40(1)(d) amended by Nos 9/2020 s. 390(Sch. 1 item 113.1), 30/2022 s. 44.

(d) an application under section 143 or 154 of the Local Government Act 2020, or proceedings as a result of such an application, in relation to the conduct of a worker who is a Councillor within the meaning of clause 15 of Schedule 1.

S. 40(1A) inserted by No. 8/2024 s. 6(1).

(1A) There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury predominantly caused by work related stress or burnout that has arisen from events that may be considered usual or typical and reasonably expected to occur in the course of the worker's duties.

(2) There is no entitlement to compensation in respect of a heart attack injury or stroke injury that arises in the course of, or that was caused by, a disease, unless the worker's employment was a significant contributing factor to the injury or to the disease.

S. 40(2A) inserted by No. 8/2024 s. 6(2).

(2A) There is no entitlement to compensation in respect of a mental injury that is a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing mental injury unless the worker's employment was the predominant cause of the recurrence, aggravation, acceleration, exacerbation or deterioration.

(3) There is no entitlement to compensation in respect of the following injuries unless the worker's employment was a significant contributing factor to the injury—

(a) a heart attack injury or stroke injury to which subsection (2) does not apply;

(b) a disease contracted by a worker in the course of the worker's employment (whether at, or away from, the place of employment);

S. 40(3)(c) amended by No. 8/2024 s. 6(3).

(c) a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre‑existing injury or disease to which subsection (2A) does not apply.

(4) If it is proved that an injury to a worker (whether or not intended to be inflicted) was deliberately or wilfully self-inflicted, there is no entitlement to compensation in respect of that injury.