Australian Capital Territory Current Acts

WORKERS COMPENSATION ACT 1951 - SECT 183

    (1)     If an injury in relation to which compensation is payable under this Act is caused under circumstances that appear to create a legal liability in a person other than the employer to pay damages in relation to the injury—

        (a)     the worker may take a proceeding against the person to recover damages and may also make a claim against the employer under this Act; and

        (b)     if the worker receives both amounts under this Act and damages from the other person—the worker must repay to the employer so much of the amounts as does not exceed the amount of the damages received from the person; and

        (c)     on notice to the other person, the employer has a first charge on money payable by the person to the worker to the extent of any amounts that the employer has paid to the worker under this Act; and

        (d)     if the worker has received amounts under this Act, but no damages or less than the full amount of the damages to which the worker is entitled—the person liable to pay the damages must indemnify the employer against so much of the amounts paid to the worker as does not exceed the damages for which that person is liable; and

        (e)     payment of money by the other person to the employer under paragraph (c) or (d) is, to the extent of the amount paid, a satisfaction of the liability of that person to the worker.

    (2)     If an amount of compensation is paid in relation to a lump sum claim, this section applies as if a reference to amounts paid under this Act by an employer to a worker included a reference to any legal costs as between party and party that the employer is liable to pay in relation to the claim.