I was injured at work, do I claim ACC or sue my employer?
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I was injured at work, do I claim ACC or sue my employer?

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10.08.2026

I hurt my back lifting stock without proper equipment or training, and I am off work. Someone told me I can sue my employer for negligence, while others say I should just go to ACC. What is the legal position?

Site Administration 13.08.2026
reply date: 13.08.2026

In New Zealand, the Accident Compensation Act 2001 provides a no-fault scheme for personal injuries, including those at work, and it removes the right to sue for compensatory damages for personal injury covered by the scheme. You should lodge an ACC claim through your doctor, who will complete the medical certificate, and ACC can pay for treatment, rehabilitation, and weekly compensation of around 80 percent of your pre-injury earnings if you cannot work. Your employer has duties under the Health and Safety at Work Act 2015 to provide a safe workplace and training, and WorkSafe can investigate and prosecute breaches. You may be able to raise a personal grievance if you were unjustifiably treated because of your injury, and you should report the incident to the employer. Ask for advice if ACC declines your claim, since there are review rights.

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