ACTIn ForceAct
Workers Compensation Act 1951
183Remedies against employer and stranger
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183 Remedies against employer and stranger
(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.