134Right of employer to contribution or indemnity from third parties

### 134 Right of employer to contribution or indemnity from third parties > > (1)  [*\[Section 134 Subsection (1) amended by No. 42 of 2007, s. 34, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS34@EN) Subject to this section, where an injury for which compensation is payable to a worker is caused under circumstances which, but for [section 138AB](#GS138AB@EN) , would create a liability in some person other than the employer to pay damages in respect of that injury to that worker, the employer may recover indemnity against that person in respect of the compensation paid by the employer to the worker in respect of that injury. > > > (2)  [*\[Section 134 Subsection (2) amended by No. 99 of 2000, s. 69, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS69@Hpa@EN) Subject to [subsection (3)](#GS134@Gs3@EN) , where the circumstances referred to in [subsection (1)](#GS134@Gs1@EN) create the liability to pay damages both in the employer and some other person, whether arising as a result of a tort or otherwise, the employer has the like right of indemnity or contribution against that other person in respect of the compensation paid by the employer as if that compensation were part of those damages. > > > (3)  [*\[Section 134 Subsection (3) substituted by No. 99 of 2000, s. 69, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS69@Hpb@EN) Where an injury to a worker arises partly by his or her own fault and partly by the fault of another person, the amount recoverable by the employer under this section by way of contribution or indemnity is reduced to such extent as the Supreme Court thinks just and equitable having regard to the degree of the worker's responsibility for the injury.