Suggest a correction

Remedies both against employer and third party

Work Injury Compensation Act

What needs fixing?

Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer (referred to in this section as the third party) to pay damages in respect thereof —(a)the employee may take proceedings against the third party to recover damages and may claim against any person liable to pay compensation under this Act, but he shall not be entitled to recover both damages and compensation; and(b)if the employee has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called upon to pay an indemnity under section 17(3), shall be entitled to be indemnified by the third party so liable to pay damages as aforesaid. (2) Where any injury is caused to an employee by accident arising out of and in the course of his employment under circumstances which give a right to recover reduced damages in respect thereof from a third party by virtue of any wilful act or negligence of the employer or employee, any right conferred by subsection (1) on —(a)the person by whom any compensation under this Act was paid; and(b)any person who has been called upon to pay an indemnity under section 17(3),to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the total compensation paid or payable in such proportion as the court may determine as is appropriate to the degree to which the injury was attributable to the act, default or negligence of the third party.

What's the problem? (required)

Source link (optional)

Describe the problem (and edit the text or pick an issue type) to submit.

Suggestions are submitted anonymously — no account or personal information is required or sent.