

On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 27/02/2008.

20. Section 18 of the principal Act is amended —
(a)
by inserting, immediately after the words “some person other than the employer”, the words “(referred to in this section as the third party)”;
(b)
by deleting the word “workman” in paragraphs (a) and (b) and substituting in each case the word “employee”;
(c)
by deleting the words “that person” in paragraph (a) and substituting the words “the third party”;
(d)
by deleting the words “by the person” in paragraph (b) and substituting the words “by the third party”; and
(e)
by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:
“(2) 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 —
(a)
the person by whom any compensation under this Act was paid; and
(b)
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.”.



