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Can I sue a third party for compensation (damages)?

1.If injured due to the negligence of a third party (i.e. not your employer) you may be entitled to sue for compensation provided you notify the ComCare insurer. For example, if you sustained serious injury in a car accident on your way to work you may be entitled to compensation under the Safety, Rehabilitation and Compensation Act and also have the right to sue the negligent driver.

2.If damages are recovered against a third party compensation benefits paid by ComCare are refundable and furthermore, ComCare has no ongoing liability, subject to certain exceptions, to pay compensation to you under the Safety, Rehabilitation and Compensation Act.

Galbally & O’Bryan can advise on your right to sue.

The information on this website is of a general nature only and may not reflect recent changes to certain areas of law. It should not be relied upon as a substitute for discussing your situation with a qualified legal practitioner.