6.3.8 Pain & suffering damages

The first common law scheme applied to pain and suffering for injuries incurred between 1 September 1985 and 30 November 1992.

Pain & suffering

Entitlement was to general pain and suffering damages only. Exceptions to this were transport accidents which were governed by the Transport Accident Transport accident means a transport accident within the meaning of section 3(1) of the Transport Accident Act 1986 regime.

Capped but no threshold

There was no threshold amount below which workers could not recover damages. However, damages were capped in pain and suffering damages at the amount of $184,740.

Damages reduced by maims claims

Damages were reduced by any maims compensation paid and a maims award is not payable if damages have been received for the same injury.

Run-off regulations

Provisions were introduced in 1992 to cover the run-off of pain and suffering damages cases.

The provisions for injuries before 1 December 1992 introduced a time limit for proceedings covering these injuries to be issued. The time limit was 29 June 1994.

Delayed incapacity dealt with under old common law

There is an exception to the time limit above. If an injury is ‘serious’ and the incapacity did not become known until after 1 December 1992, the injury is dealt with under the old common law scheme.

See: Old common law scheme

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