Section 26I — Civil Liability Act 2002 (NSW)

(1) A court may award damages for non-economic loss up to a maximum of the total amount to which a worker would be entitled as compensation under Division 4 (Compensation for non-economic loss) of Part 3 of the Workers Compensation Act 1987 if the worker had received an injury that entitled the worker to compensation under that Act and that resulted in a degree of permanent impairment that is the same as the offender’s degree of permanent impairment.
(2) When determining the total amount to which a worker would be entitled as compensation under a provision of the Workers Compensation Act 1987, the amount is to be determined under the provision as it was in force when the injury to the offender was received.

Related sections

• s 26F — Retirement age
• s 26G — Future economic loss—assumption about release on parole
• s 26H — Restriction on damages for non-economic loss
• s 26J — Authority for deduction from damages
• s 26K — Interpretation
• s 26L — Offender damages to be held in trust as victim trust fund

Research how courts apply s 26I

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.