WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 61 Notice of injury to be given to employer

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 61

61 Notice of injury to be given to employer

(cf former s 88)

(1) Compensation may not be recovered under this Act unless notice of the injury has been given to the employer as soon as possible after the injury happened and before the worker has voluntarily left the employment in which the worker was at the time of the injury.

(2) Notwithstanding subsection (1), the absence of, or any defect or inaccuracy in, any such notice is not a bar to the recovery of compensation if it is found in proceedings to recover that compensation--

(a) that the person against whom the proceedings are taken has not been prejudiced in respect of the proceedings, or

(b) that the absence of, or defect or inaccuracy in, the notice was occasioned by ignorance, mistake, absence from the State or other reasonable cause, or

(c) that the person against whom the proceedings are taken had knowledge of the injury from any source at or about the time when the injury happened, or

(d) where the employer is the owner of a mine or quarry, or the occupier of a factory, workshop, office or shop--

(i) that the summary referred to in section 231 (as in force at the time of the injury) has not been posted up in accordance with that section or the employer has otherwise contravened that section, or

(ii) that the injury has been reported by or on behalf of the employer to an inspector of mines or factories, shops and industries, or

(iii) that the injury has been treated in a first aid room at the mine, quarry, factory, workshop, office or shop, or

(e) that the injury has been reported by the employer to the Nominal Insurer in accordance with this Act.