Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 441

441 .         Claims to which Division applies

        (1)         This Division applies to a claim for damages or recovery of contribution brought against a worker’s employer in respect of an injury that was caused by —

            (a)         a tort of the worker’s employer; or

            (b)         a breach of contract by the worker’s employer.

        (2)         This Division also applies to a claim for damages or recovery of contribution brought against a person other than a worker’s employer in respect of an injury that was caused by a tort or breach of contract of the person if the tort or breach of contract on which the claim is founded occurred in this State.

        (3)         This section applies even if the damages or recovery of contribution in respect of an injury that was caused by a tort are claimed in an action for breach of contract or other action.