Workers Compensation Act 1951

Compensation under this Act (ACT compensation) is not payable in relation to a worker’s injury or the death of a worker to the extent that, independently of this Act, a judgment or agreement for damages (independent damages) has been obtained in relation to the injury or death.

If a person receives ACT compensation from an employer in relation to a worker’s injury or the death of a worker and later receives independent damages in relation to the injury or death, the employer is entitled to recover from the person the recoverable amount.

For subsection (2), the lesser of the following amounts is the recoverable amount:

the amount of ACT compensation;

the amount of the independent damages.

If an amount of ACT compensation is paid in relation to a lump sum claim, subsection (3) (a) applies as if the reference to the amount of ACT compensation paid by the employer included a reference to any legal costs as between party and party that the employer is liable to pay in relation to the claim.

An employer cannot recover an amount under this section in relation to an injury if the employer has recovered an amount under section 36F (No ACT compensation if external compensation received) in relation to the same injury.