TORT LAW: Bruce Steedman's Entitlements Under the ACC Act 2001

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Added on  2022/11/25

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This report provides legal advice to Bruce Steedman regarding his entitlements under the Accident Compensation Act 2001, following an accident in New Zealand. The advice addresses Steedman's eligibility for compensation, considering he is a non-resident doctor who suffered severe head injuries. The analysis covers sections of the Act related to personal injury cover, accident definition, and compensation entitlements including rehabilitation, weekly compensation, and lump sum compensation for permanent impairment. The report emphasizes Steedman's eligibility for cover despite being a non-resident and details the potential claims for physical and mental injuries impacting his future employment. The advice aims to inform Steedman about the claims process, the Corporation's role in assessing claims, and the specific entitlements he can pursue for prospective loss of income due to his injuries.
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From
(Name)
Date:
To,
Bruce Steedman,
Subject: Advise for the eligibility of entitlements under Accident Compensation Act 2001
Dear Mr. Steedman,
We are very sorry to hear about the bad luck you suffered in relation to the accident that
happened to you on 5th March 2019. In this letter we have provided you with the advice you have
requested from us regarding the entitlements and compensations you are eligible for the
prospective loss of your income. Under the Accident Compensation Act 2001, section 23the
provision for the cover for personal injury that has been suffered by people who are not residents
of New Zealand are being mentioned. According to the section any person who is not ordinarily
a resident of New Zealand would have cover for any personal injury caused to him unless he
suffers it while being on board of an aircraft or a ship or any other method of conveyance that
has been mentioned in the Act. As the accident that happened to you was on a street by you
getting tripped on an open tree surround you will be eligible for cover for the personal injury that
you have suffered. Under section 25 of the Act accident has been described as any specific event
or series of event that is seen to be involving applying force which includes gravity, or resistance
that is external towards the human body or any sudden body movement for avoidance of any
force or external resistance towards the human body. Section 26 of the Act defines Personal
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Injury as death, physical or mental injuries that are suffered by any person. As you have suffered
head injuries which has caused you to have extreme mood swings and you would not be able to
do any job other than a menial job in the future you can claim for claims and entitlements for the
physical and mental injuries you have suffered because of the accident. For lodging your claim
for the cover and entitlement you need to lodge the claim under the Accident Compensation Act
2001, section 48. This section provides that any person should be lodging claims for entitlement
and cover for his personal injury to the Corporation. For the claim you will lodge the
Corporation would be responsible under section 50 to decide whether your claim could be
accepted or not, if accepted the Corporation would be responsible for providing and facilitating
you with the information about the entitlements you are eligible to be receiving. Under section
67 of the Act you are eligible for the claiming entitlements if you have cover for the personal
injury you have suffered. Under section 69 of the Act the entitlements that have been provided
are rehabilitation, social rehabilitation, comprising treatment, and vocational rehabilitation,
weekly compensation, first week compensation, survivors’ grants, lump sum compensation for
permanent impairment, funeral grants, children and other dependants of a deceased claimant,
weekly compensation for the spouse or partner and child care payments. As you have been
permanently impaired because of your mental condition you can claim for either lump sum
compensation for permanent impairment or weekly compensation.
We sincerely hope that you find the advice that has been provided by us to be helpful and
we would be happy to discuss with you any further assistance you need of us.
Regards,
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Appendix
Accident Compensation Act 2001
Section 23
Section 25
Section 26
Section 48
Section 50
Section 67
Section 69
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