Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 434

434 .         Worker entitled to proceed against third party for damages

        (1)         When a third party is liable to pay damages in respect of an injury for which compensation is payable, the worker may take proceedings both against the third party to recover damages and against any person liable to pay compensation to recover that compensation.

        (2)         In the proceedings, the worker is not entitled to recover both damages and compensation and must bring to account in reduction of the worker’s entitlement to compensation any amount recovered by way of damages.

        (3)         In a case to which section 432 applies, the requirement under subsection (2) to bring to account in reduction of the worker’s entitlement to compensation any amount recovered by way of damages is satisfied by the operation of that section.