Farley And Partners

Damages awarded by the courts

When the injury for which compensation is payable under the Act, the circumstances of which make the employer legally liable, such that the workman may recover damages in an action at law, such workman may regardless of the injuries Compensation Act purse and recover damages from the courts.

However, recovery of damages from the counts is a bar to payment of compensation under this Act unless and until fifty percent (50%) of the amount of such damages is paid by the court or by the workman or some person acting on behalf of the injured workman to the Injuries Compensation Fund.

When a claims is received for damages by any court, that court shall notify the Commissioner of such claim.
Within 14 days of receipt of such notification the Commissioner shall if satisfied that compensation under this Act is being paid to the claimant, notify the court of law of that fact.

Where a court is in receipt of notification by the Commissioner and subsequently makes an award of damages in respect of the claim to which such notification relates, the cort shall order the person liable to pay such damages, to pay 50% of such damages to the claimant and 50% to the Injuries Compensation Fund.

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