Plain language law

New Zealand law explained for everyone

Accident Compensation Act 2001

Entitlements and related matters - Disentitlements

118: Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection

You could also call this:

"No ACC help for some work injuries that happened slowly before 1974 if you got money another way"

If you got hurt at work over time because of the tasks you did or the place you worked before 1 April 1974, you might not be able to get help from ACC (the Accident Compensation Corporation) in some situations.

You can't get help from ACC if you started a case about your injury before 1 April 1993 (not using ACC) and you got money from that case. It doesn't matter how much money you got.

You also can't get help from ACC if you got money for your injury in any other way, not through ACC. Again, it doesn't matter how much money it was.

Lastly, you can't get help from ACC if you started a case about your injury before 1 April 1993 (not using ACC), you haven't stopped that case, and you're allowed to finish it because of section 318(3).

Remember, this rule is about injuries that happened slowly over time because of your work, not sudden accidents.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM101485.

Topics:
Work and jobs > Worker rightsHealth and wellbeing > Healthcare services
Previous

117: Corporation may suspend, cancel, or decline entitlements, or

"ACC can pause or stop your benefits if you don't follow the rules"

Next

119: Disentitlement for wilfully self-inflicted personal injuries and suicide, or

"No ACC help if you hurt yourself on purpose, except for medical care"

Part 4Entitlements and related matters
Disentitlements

118Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection

  1. The Corporation must not provide a claimant with entitlements for personal injury caused by a work-related gradual process, disease, or infection, if—

  2. subsections (2) and (3) apply to the claimant; or
    1. subsections (2) and (4) apply to the claimant; or
      1. subsections (2) and (5) apply to the claimant.

        1. This subsection applies to a claimant who suffered 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).

        2. This subsection applies to a claimant who—

        3. commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and
          1. has received or is entitled to receive a sum of money, irrespective of the amount, as a result of the proceedings.

            1. This subsection applies to a claimant who has received, other than under subsection (3), a sum of money, irrespective of the amount, by way of damages, compensation, or settlement of any claim for his or her personal injury, other than under this Act.

            2. This subsection applies to a claimant who—

            3. commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and
              1. has not discontinued the proceedings; and
                1. is entitled, because of section 318(3), to complete the proceedings.

                  Notes
                  • Section 118(1): amended, on , by section 60(6) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).