Accident Compensation and Prevention: a Step Back in Time

Abstract

This paper is concerned with the link between accident compensation and prevention and examines aspects where the Accident Rehabilitation and Compensation Insurance Act 1992 (ARCIA) may affect the overall preventive effort. Particular attention is paid to work-related disease, stress, the exclusion of compensation for work-related mental disease and the effect of the new restrictions that ensue from the new definition of "accident." The new provisions for experience rating are examined as well as the possibility that the legislation has opened the way for common law claims where the liability of ACC has been curtailed.