LAW REFORM (CONTRIBUTORY NEGLIGENCE AND TORTFEASORS' CONTRIBUTION) ACT 1947 - SECT 6
LAW REFORM (CONTRIBUTORY NEGLIGENCE AND TORTFEASORS' CONTRIBUTION) ACT 1947 - SECT 6
6 . Effect of s. 4(1) on party’s right to recover workers’ compensation
(1) Where a plaintiff
in any action for damages founded on negligence would have been entitled when
he commenced such action to take proceedings under the
Workers’ Compensation and Injury Management Act 1981 , against any
defendant or defendants in the action to recover workers’ compensation
and by reason of section 4(1) of this Act, the damages recoverable by him are
reduced and the reduced amount is less than he would have been entitled to
recover as workers’ compensation, the plaintiff shall be entitled to
recover judgment against such defendant or defendants for the sum to which he
would be entitled as workers’ compensation: Provided that the court
shall deduct therefrom all the costs which have been unnecessarily caused by
the plaintiff bringing the action instead of taking proceedings under the
Workers’ Compensation and Injury Management Act 1981 .
(2) Where a person
liable to pay workers’ compensation has paid such compensation to a
worker or his dependants in a case where the worker or any of his dependants
or the personal representatives of the worker would have had a right
independently of the Workers’ Compensation and Injury Management Act
1981 , to recover reduced damages against a third party by virtue of
section 4(1) of this Act, the person who has paid the workers’
compensation shall have a right of indemnity against the third party and
section 15(3) of the Workers’ Compensation and Injury Management Act
1981 shall be deemed to apply with the necessary adaptations but so that the
sum recoverable by way of indemnity shall be reduced in the same proportion as
the damages would be reducible under section 4(1) of this Act.
[Section 6 amended: No. 42 of 2004 s. 175.]
[Heading inserted: No. 19 of 2010 s. 46(3).]