Section 151E — Workers Compensation Act 1987 (NSW)

(1) This Division applies to an award of damages in respect of—
(a) an injury to a worker, or
(b) the death of a worker resulting from or caused by an injury,
being an injury caused by the negligence or other tort of the worker’s employer.
(2) This Division does not apply to an award of damages to which Part 6 of the Motor Accidents Act 1988, Chapter 5 of the Motor Accidents Compensation Act 1999 or Part 4 of the Motor Accident Injuries Act 2017 applies.
(2A) This Division does not apply to an award of damages if the damages arise from abuse against a child (whether arising under Part 1B of the Civil Liability Act 2002 or the common law).
(3) This Division applies to an award of damages in respect of an injury caused by the negligence or other tort of the worker’s employer even though the damages are recovered in an action for breach of contract or in any other action.
(4) Subsection (3) is enacted for the avoidance of doubt and has effect in respect of actions brought before as well as after the commencement of that subsection.

Related sections

• s 151C — 6-months delay before commencement of court proceedings against employer for damages
• 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 151F — General regulation of court awards
• s 151G — Only damages for past and future loss of earnings may be awarded
• s 151H — No damages unless permanent impairment of at least 15%

Research how courts apply s 151E

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