Application Of The SRC Act To Pre-Existing Injuries

Section 124 (1) of the SRC Act states, in part:

“... this Act applies in relation to ... injury .. suffered by the employee, whether before or after the commencing day.”  section 124 (1)

and

“... a person is entitled to compensation under this Act in respect of an injury. loss or damage suffered before the commencing day if compensation was, or would have been, payable to the person in respect of that ... injury ... under ... the 1971 Act.”  section 124 (1A)

Subsections (1) and (1A) ensure that an employee's entitlement to compensation continues even though the 1971 Act was superseded.  Without these subsections, any compensation claimed by an employee for a condition incurred prior to 01/12/1988 would not be covered.

However, in all cases, the employee must still establish that an injury, loss or damage has occurred.

In ensuing sections within Part X of the Act, there are a number of specific circumstances which must be assessed when former employees make claims under the 1988 Act:

• an employee cannot be entitled to two lump sum payments for one impairment;

• an employee cannot be entitled to benefits under the 1988 Act if he or she is not entitled under the 1971 Act; and

• rates of compensation are payable according to the rate applicable at the date of the claim.