Accident Compensation Act 2001

Miscellaneous provisions - Situations where previous insurer involved

298: Work-related gradual process, disease, or infection involving exposure before 1 April 2002

You could also call this:

“Coverage for long-term work injuries that started before April 2002”

If you get hurt because of work you did over a long time, or because of a disease or infection you got from your job, on or after 1 April 2002, this rule applies to you.

If you did work tasks or were in a work environment that caused your injury between 1 July 1999 and 1 July 2000, the Accident Compensation Corporation (ACC) can ask the insurance company that covered your employer (or you, if you were self-employed) during that time to pay for some of your injury costs.

The amount ACC can ask the insurance company to pay depends on how long you worked in that job during the specific time period. They use a formula to work this out. They look at how long you worked in the job between 1 July 1999 and 1 July 2000 when that insurance company was covering your employer. They compare this to the total time you worked in that job, including time before 1 July 1999. The insurance company pays a share of your injury costs based on this calculation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103432.


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Part 9 Miscellaneous provisions
Situations where previous insurer involved

298Work-related gradual process, disease, or infection involving exposure before 1 April 2002

  1. This section applies if a claimant suffers a personal injury caused by a work-related gradual process, disease, or infection on or after 1 April 2002.

  2. If an employment task referred to in section 30(2) was performed by the claimant or the claimant was employed in an environment referred to in that provision, at any time on or after 1 July 1999 and before 1 July 2000, the Corporation is entitled to recover some or all of the costs of providing entitlements to the claimant from the insurer who insured the claimant's employer or, in the case of a self-employed person, the insurer who was the insurer of the self-employed person, at that time under the Accident Insurance Act 1998.

  3. The amount that the Corporation may recover is—

    (a ÷ b) × total costs

    Where:

      where—
    • is the period of time employed in the employment referred to in subsection (2) on or after 1 July 1999 and before 1 July 2000 when the insurer was the employer's or self-employed person's insurer; and
      1. is the total period of time the claimant was employed in the employment referred to in subsection (2) (including the time before 1 July 1999).