Western Australian Numbered Acts

WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 437

437 .         Employer’s right to recover unpaid damages from third party

        (1)         A reference in this section to compensation includes a reference to a liability for compensation that is discharged by a settlement agreement registered under Part 2 Division 12.

        (2)         If some of the damages payable to a worker by a third party for an injury have not been paid to the worker (the unpaid damages ), the employer can recover the unpaid damages from the third party as a debt due to the employer if some of the compensation paid by the employer for the injury has not been refunded to the employer.

        (3)         The amount of compensation refunded to the employer includes the amount of any reduction in damages paid by the employer resulting from the operation of section 432 on account of compensation paid by the employer.

        (4)         Proceedings to recover the unpaid damages are to be taken by the employer in the name of the worker and at the expense of the employer.

        (5)         Any damages recovered by the employer from the third party in excess of the amount of compensation not refunded to the employer must be paid to the worker.

        (6)         The employer must indemnify the worker against all costs and expenses incurred in respect of proceedings taken in the name of the worker.