10Workers compensation and contributory negligence

#### 10 Workers compensation and contributory negligence 10 Workers compensation and contributory negligence > > (1) If any payments made to the claimant by way of compensation take effect under section 63 (5) of the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) to any extent as a defence to the proceedings by the claimant against his or her employer, those payments are to be reduced to the same extent as the damages recoverable by the claimant are reduced under section 9, and are a defence to the reduced extent only. > > > (2) If the claimant is liable to repay compensation to his or her employer under section 64 (1) (a) of the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) or under section 151Z of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), the amount of compensation so repayable is to be reduced to the same extent as the damages recoverable by the claimant are reduced under section 9. > > > (3) If the cost of any medical or hospital treatment or ambulance service for which the claimant’s employer incurs liability under section 10 of the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) or under Division 3 of Part 3 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) remains unpaid at the time the claimant recovers damages: > > > > > (a) the claimant’s liability in respect of that cost is, as between the claimant and the claimant’s employer, to be reduced to the same extent as the claimant’s damages are reduced under section 9, and > > > > > (b) the claimant’s employer, despite the recovery of damages and the provisions of section 151Z of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), remains liable to pay to the claimant the balance of that cost under section 10 of the [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) or under Division 3 of Part 3 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) (whichever is applicable). > > Note— > > The [Workers’ Compensation Act 1926](/view/pdf/asmade/act-1926-15) has been repealed, but the Act is given ongoing effect by the transitional provisions contained in the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070). > > **s 10:** Am 1968 No 3, sec 4 (e); 1970 No 52, Second Sch; 1987 No 79, Sch 1; 1995 No 30, Sch 15. Subst 2000 No 111, Sch 1 \[3\].