Social Welfare Consolidation Act 2005 section 90

Declaration that accident is an occupational accident

Section 90 establishes the process for formally declaring and recording whether an accident qualifies as an occupational accident, and defines what constitutes such an accident.

• A formal declaration must be made and recorded stating whether an accident was occupational, even if the benefit claim is rejected on other grounds.
• Individuals can request a declaration on the occupational nature of an accident even before making any benefit claim.
• Deciding officers may refuse to make a determination if unlikely to be needed for future claims, but this refusal can be appealed.
• Once recorded, the declaration is conclusive for all future benefit claims relating to that accident.