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Accident Compensation Act 2001

Cover - Relevant dates of injury

37: Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection

You could also call this:

"When the law says you got hurt at work over time"

When you get hurt because of something that happens slowly over time at work, like a disease or condition that develops gradually, there are rules about when this injury is considered to have happened. This is important for figuring out when you can get help.

The injury is considered to have happened on the earlier of these two dates:

  1. The day you first see a doctor or nurse practitioner about the injury.
  2. The day the injury first stops you from being able to work.

However, there's a special rule for some older cases. If you did a task or worked in a certain environment before 1 April 1974 that caused your injury, different dates apply. In these cases, your injury is considered to have happened on 1 July 1992, unless it actually happened later than that date.

There's also a note that these rules might change if you're entitled to a one-time payment for your work-related injury. In that case, different rules might apply to decide when your injury happened.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM100954.

Topics:
Work and jobs > Worker rightsWork and jobs > Workplace safetyHealth and wellbeing > Healthcare services
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"When your injury from medical care is officially recognised"

Part 2Cover
Relevant dates of injury

37Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection

  1. The date on which a person suffers personal injury caused by a work-related gradual process, disease, or infection is the earlier of the following dates:

  2. the date on which the person first receives treatment from a medical practitioner or nurse practitioner for that personal injury as that personal injury:
    1. the date on which the personal injury first results in the person's incapacity.

      1. Subsection (1) applies subject to subsection (3).

      2. A person suffers his or her personal injury on the date specified in subsection (4) if he or she suffers the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2).

      3. A person to whom subsection (3) applies must be regarded as having suffered his or her personal injury on 1 July 1992, unless he or she actually suffers it on a date later than 1 July 1992 determined under subsection (1).

      4. This section is subject to clause 55(2) of Schedule 1 (which relates to the entitlement to lump sum compensation for personal injury caused by a work-related gradual process, disease, or infection in circumstances described in that provision).

      Notes
      • Section 37(1)(a): amended, on , by section 13 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
      • Section 37(1)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).