Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 259

259 Need for urgent proceedings

(1) This section applies in relation to an urgent need for the claimant to start a proceeding for damages for any injury resulting from the event.

(2) Section 276 provides a way for the claimant to satisfy section 302(1)(a)(ii).

(3) Also, the claimant may, under section 298, seek leave to start a proceeding for damages for an injury without complying with section 295.

(4) However, if the leave mentioned in subsection (3) is given, the proceeding started by leave is stayed until—

(a) the insurer decides that the claimant—
(i) was a worker when the injury was sustained; and
(ii) has sustained an injury; and
(b) any review or appeal under chapter 13 ends; and
(c) the insurer gives the claimant a notice of assessment; and
(d) the claimant complies with section 295.


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