South Australian Numbered Acts South Australian Numbered Acts75—Effect of recovery of damages on compensation
(1) If a person (being a worker or other person) recovers damages in respect of an injury from the employer and the relevant compensating authority is liable to pay compensation under this Act in respect of the same injury then (except to the extent that subsection (3) or (5) covers the case)—
(a) the person ceases to be entitled to any further compensation under this Act in respect of the injury concerned (including compensation claimed but not yet paid); and
(b) the amount of any compensation already paid in respect of the injury concerned is to be deducted from the damages; and
(c) the person ceases to be entitled to receive recovery/return to work services under this Act.
(2) Subsection (1)—
(a) does not extend to an entitlement of a seriously injured worker—
(i) to receive any services under Part 3; or
(ii) to receive compensation (or any provision of services) under Part 4 Division 2; and
(b) does not operate so as to require a deduction under subsection (1)(b) with respect to compensation already paid to a seriously injured worker for any services under Part 4 Division 2; and
(c) does not operate with respect to compensation under Part 4 Division 7.
(3) If damages in respect of an injury are recovered pursuant to a cause of action that survives for the benefit of the estate of a deceased worker under the Survival of Causes of Action Act 1940 , the amount of any weekly payments of compensation already paid in respect of the injury concerned are to be repaid out of the estate of the deceased worker to the relevant compensating authority.
(4) If a person recovers damages as a dependant of a worker in respect of proceedings in respect of the death of the worker—
(a) the relevant compensating authority is not liable to pay compensation, or further compensation, in respect of the death; and
(b) the amount of any compensation already paid to the dependant under Part 4 Division 8 in respect of the death of the worker is to be deducted from the damages.
(5) If a person (being a worker or other person) recovers motor accident damages in respect of an injury under this Act (whether from the employer or another party)—
(a) the person ceases to be entitled to any further compensation under this Act in respect of the injury concerned (including compensation claimed but not yet paid); and
(b) the amount of any compensation already paid in respect of the injury concerned is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the relevant compensating authority.
(6) If a person (being a worker or other person) recovers any other damages in respect of an injury under this Act from a person other than the employer—
(a) the person ceases to be entitled to any further compensation under this Act in respect of the injury concerned (including compensation claimed but not yet paid); and
(b) the amount of any compensation already paid in respect of the injury concerned is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the relevant compensating authority.
(7) Subsection (6)(a) does not extend to an entitlement of a seriously injured worker—
(a) to receive any services under Part 3; or
(b) to receive compensation (or any provision of services) under Part 4 Division 2.
(8) Nothing in this section limits or restricts a right of recovery under section 66.
(9) In this section—
"relevant compensating authority" means the Corporation or a self-insured employer, depending on which entity has paid compensation under this Act, or is liable to pay compensation under this Act, in the particular case.