Western Australian Consolidated Regulations

WORKERS' COMPENSATION AND INJURY MANAGEMENT REGULATIONS 1982 - REG 19P

19P .         Notification to workers about elections as to common law damages

        (1)         The employer of a worker who has an unfinalised claim for compensation under the Act is to give the worker written notice, in a form approved by the chief executive officer, of —

            (a)         the requirement under section 93E(3)(b) of the Act for the worker to elect to retain the right to seek damages; and

            (b)         the date by which the election is to be made.

        (2)         The employer is to give the notice mentioned in subregulation (1) —

            (a)         if a dispute resolution authority orders that weekly payments of compensation are to commence, within 7 days of the day of the order; or

            (b)         in any other case, 3 and 5 months from the day on which weekly payments commenced.

        (3)         An employer’s obligation under this regulation to give a worker notice is fulfilled if the notice is given, within the time required, by an insurer with which the employer has a policy indemnifying the employer against liability to pay the compensation claimed.

        [Regulation 19P inserted in Gazette 14 Dec 1999 p. 6150‑1; amended in Gazette 17 Nov 2000 p. 6316‑17; 21 Jan 2005 p. 276; 28 Oct 2005 p. 4886.]

        [Heading inserted in Gazette 28 Oct 2005 p. 4887.]