Summary
The following table briefly demonstrates the difference between the 1988 and 1971 legislation:
|
1988 Act |
1971 Act |
|
Employee able to elect to sue employer for damages for non-economic loss instead of receiving compensation for permanent impairment. Maximum Court award of up to $110,000only. Payment does not affect other benefits under the Act , but no other common law action can be taken. |
Employee able to take common law action. Any compensation paid recovered or offset against the amount of damages awarded. Compensation recommenced following completion of offsetting. |
|
Employee or dependant can sue a third party. Repayment of compensation paid to date of settlement and no further entitlement to claim for compensation. |
Employee can take third party action. Any compensation paid recovered and residual offset against notional future compensation payments. Compensation recommenced following completion of offsetting. |
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-twelve-overpayments-recovery/part-6-common-law-and-third-party-claims/summary