Section 151C — Workers Compensation Act 1987 (NSW)

(1) A person to whom compensation is payable under this Act is not entitled to commence court proceedings for damages in respect of the injury concerned against the employer liable to pay that compensation until 6 months have elapsed since notice of the injury was given to the employer.
(2) Despite subsection (1), the person is entitled to commence court proceedings against the employer if either of the following occurs—
(a) the employer wholly denies liability in respect of the injury,
(b) the employer admits partial liability in respect of the injury but the person is dissatisfied with the extent to which liability is admitted.
(3) This section does not limit or otherwise affect the operation of Part 6 of Chapter 7 of the 1998 Act.

Related sections

• s 150F — Availability of action in another State not relevant
• s 151 — Common law and other liability preserved
• s 151A — Effect of recovery of damages on compensation
• s 151D — Time limit for commencement of court proceedings against employer for damages
• s 151DA — Time not to run for commencement of proceedings in certain cases
• s 151E — Application—modified common law damages

Research how courts apply s 151C

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