ML06 CHRONIC PAIN AND GRADUAL PROCESS INJURY – ACC RESPONSIBILITIES

The Accident Compensation Corporation (ACC) administers New Zealand’s accident compensation scheme, which provides personal injury cover for all New Zealand citizens, residents and temporary visitors to New Zealand. In return people do not have the right to sue for personal injury, other than for exemplary damages. Before a claim can be considered for cover under the current Act (IPRC Act 2001), it must first be established that the claimant has sustained an injury, and that this injury falls within the definition of ‘personal injury’. With respect to chronic pain, a person with chronic pain due to a personal injury may obtain cover for that personal injury through the ACC scheme in a variety of ways. A personal injury caused by a work‐related gradual process, disease, or infection (gradual process injury) is one way in which a person with chronic pain may obtain cover under the ACC scheme. Specifically, ACC has accepted cover for chronic pain syndromes in circumstances such as follows:1 The chronic pain syndrome is a plausible consequence of a person’s work tasks or work environment (i.e. it meets the criteria for personal injury caused by a work‐related gradual process, disease, or infection); or 2 The chronic pain syndrome is a plausible consequence of a covered personal injury (ie it meets the criteria for personal injury caused by a gradual process, disease, or infection that is consequential on a covered personal injury)