18. Remedies both against employer and third party
Feedback & supportLast amended by an amending law of 2008.
Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer (referred to in this section as the third party) to pay damages in respect thereof —
the employee may take proceedings against the third party to recover damages and may claim against any person liable to pay compensation under this Act, but he shall not be entitled to recover both damages and compensation; and
if the employee has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called upon to pay an indemnity under section 17(3), shall be entitled to be indemnified by the third party so liable to pay damages as aforesaid.
Where any injury is caused to an employee by accident arising out of and in the course of his employment under circumstances which give a right to recover reduced damages in respect thereof from a third party by virtue of any wilful act or negligence of the employer or employee, any right conferred by subsection (1) on —
employee
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —(a)by way of manual labour or otherwise;(b)the contract is express or implied or is oral or in writing; and(c)the remuneration is calculated by time or by work done,but does not include any class of persons specified in the Fourth Schedule;
the person by whom any compensation under this Act was paid; and
any person who has been called upon to pay an indemnity under section 17(3),to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the total compensation paid or payable in such proportion as the court may determine as is appropriate to the degree to which the injury was attributable to the act, default or negligence of the third party.