Section 20Part 4 — Alternative Remedies
Remedies against employer and stranger
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Where the injury for which compensation is payable under this Law was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof —
the workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Law but shall not be entitled to recover both damages and compensation; and
if the workman has recovered compensation under this Law, the person by whom the compensation is paid, and any person who has been called on to pay an indemnity under section 18 (relating to liability in case of workmen employed by contractors) shall be entitled to be indemnified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by the Court.
Cross References
- Section 18 of Workmen S Compensation Act
Reference to indemnity under section 18 for liability in case of workmen employed by contractors