8
Application
(1)
An application for compensation must state the name of the employee and employer, the
nature of the injury, the cause of the injury and
a comprehensive medical certificate from a
doctor.
(2)
An applicant must file the application at the Registry and serve it on the employer.
(3)
An application cannot be filed if it does not contain a reference to the place where the
accident occurred.
10 Time limits
An application must be filed within 180 days of the occurrence of the injury.
13 Tribunal to hear application
The Tribunal may hear an application for compensation made under s7.
Analysis
Introduction
Taken together these provisions in this Act create a cause of action and
provide in part for hearing the action. As discussed above, two processes are
used to analyse and structure the provisions of a statute:
#
Micro Analysis. Micro analysis
has two aspects. (i) We identify
the legal consequences of each provision. (ii) We arrange the provisions in a
checklist of elements showing what is necessary to achieve each consequence.
#
Macro Analysis. We use macro analysis to see what relationships
exist between the various laws.
We will now display the results of this analysis. It is presented as a legal text,
and thus furnishes an additional advantage by demonstrating to the reader how
organising law is an essential for writing law.
Action Provisions
Section 7 creates a cause of action, setting out
both substantive provisions
(which are the elements) and remedial provisions (which are the
consequences).
Substantive Provisions
Section 7 sets out the three elements of the cause of action:
(1)
The applicant is an employee.
(2)
The employee is injured.
(3)
This injury occurs while at work.
Remedial Provisions
If an applicant establishes the substantive elements of the action, under s7 they
are entitled to two remedies, compensation and payment of medical expenses.
Each of these remedies is expanded by a definition in s4.
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