Work injury damages
cannot be made... "The inhibitory words of s 280A do not operate only if the injured worker can be perceived to have a claim for lump sum compensation which will succeed. The provision requires the making of a claim, not the demonstration of an entitlement. If a claim for work injury damages is desired to be pursued in respect of an injury then it cannot be made unless a claim for lump sum compensation is made in respect of the injury before or at the same time. It is conceivable that a claim for lump sum compensation may ultimately fail, for example, by reason of a subsequent finding that the resulting impairment was not permanent, but the unambiguous words of the provision require the claim to be made. Its operation is not dependent upon the determination of the claim": Grove J, in Wattyl Australia PL v McArthur & Anor  NSWCA 326, 28.11.08.