Western Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 436

436 .         Recovery of third party indemnity payment from worker

        (1)         If a third party has paid the whole or any part of the damages payable to a worker in respect of an injury caused or contributed to by the third party and the third party has also indemnified the employer for the payment of any compensation for the injury, the third party may recover from the worker the amount so paid to the employer.

        (2)         For the purposes of subsection (1) a reference to compensation includes a reference to a liability for compensation that is discharged by a settlement agreement under Part 2 Division 12.

        (3)         The amount that may be recovered by the third party cannot exceed the amount of damages paid to the worker by the third party.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback