8EReimbursement of compensation from negligent third parties

8E Reimbursement of compensation from negligent third parties

8E Reimbursement of compensation from negligent third parties

(1) Purpose of section The purpose of this section is to provide the Authority with rights to be reimbursed for compensation paid or payable by it where damages are recovered or recoverable, being rights that correspond in certain respects to those available to an employer (or an employer’s insurer) under section 151Z of the Workers Compensation Act 1987.

(2) Application of section This section applies where a worker suffers disablement or death from a dust disease.

(3) Reimbursement where damages recovered If—

(a) a person (the first person) recovers damages from some other person (the second person) in respect of the disablement or death pursuant to the final determination of the relevant proceedings, and

(b) there is deducted from the damages the amount of any compensation already paid to the first person under this Act, or the present value of future benefits payable to the first person under this Act, or both,

the following provisions have effect—

(c) the second person is liable to pay to the Authority an amount equal to the amount or amounts so deducted,

(d) the amount that the second person is liable to pay under this subsection is payable within 42 days after recovery of the damages or within such other period as is provided by Schedule 1A or prescribed by the regulations or as is (subject to the regulations) allowed by the Authority,

(e) the amount that the second person is liable to pay under this subsection, or any unpaid portion of it, together with interest as provided by Schedule 1A, is recoverable by the Authority in a court of competent jurisdiction as a debt owing to the Authority.

(4) Reimbursement where damages not sought to be recovered If—

(a) the dust disease for which compensation is payable under this Act to a person (the first person) was caused under circumstances creating a liability in some other person (the second person) to pay damages for loss in respect of the disablement or death, and

(b) the first person has not recovered any such damages, and proceedings are not pending for their recovery, and