(4) Judgment against or settlement by a third party in an action by a worker, or dependants of a worker, in respect of an injury or death referred to in subsection (1) does not eliminate or diminish the right of indemnity given by this section, except to the extent provided in this section. (4A) A term of any contract that requires the employer S. 138(4A) inserted by or has the effect of requiring the employer to No. 9/2010 indemnify the third party in respect of any liability s. 121. that the third party has or may have under this section is void. (5) If the Transport Accident Commission is liable to S. 138(5) inserted by make payment to the Authority under No. 26/2000 section 137(5A) or to a self-insurer under s. 25(3). section 137(5B) in respect of a death or injury and the Authority or self-insurer is entitled under this section to be indemnified by a third party in respect of the liability, the entitlement of the Authority or self-insurer is subrogated to the Transport Accident Commission by virtue of this subsection. (6) The Authority may, in its discretion, seek to S. 138(6) inserted by recover any indemnity that the employer is No. 9/2010 entitled to under this section, including an amount s. 122. that represents the employer's liability to pay compensation under section 125(1)(a) or 125A(3), on the employer's behalf, if— (a) the Authority advises the employer of the Authority's intention to seek the indemnity for the employer; and (b) the employer gives the Authority the employer's written consent to seek the indemnity under this section on the employer's behalf. (7) If the Authority recovers an amount from a third S. 138(7) inserted by party on behalf of the employer that includes an No. 9/2010 s. 122.
(4) Judgment against or settlement by a third party in an action by a worker, or dependants of a worker, in respect of an injury or death referred to in subsection (1) does not eliminate or diminish the right of indemnity given by this section, except to the extent provided in this section. S. 138(4A) inserted by No. 9/2010 s. 121. (4A) A term of any contract that requires the employer or has the effect of requiring the employer to indemnify the third party in respect of any liability that the third party has or may have under this section is void. S. 138(5) inserted by No. 26/2000 s. 25(3). (5) If the Transport Accident Commission is liable to make payment to the Authority under section 137(5A) or to a self-insurer under section 137(5B) in respect of a death or injury and the Authority or self-insurer is entitled under this section to be indemnified by a third party in respect of the liability, the entitlement of the Authority or self-insurer is subrogated to the Transport Accident Commission by virtue of this subsection. S. 138(6) inserted by No. 9/2010 s. 122. (6) The Authority may, in its discretion, seek to recover any indemnity that the employer is entitled to under this section, including an amount that represents the employer's liability to pay compensation under section 125(1)(a) or 125A(3), on the employer's behalf, if— (a) the Authority advises the employer of the Authority's intention to seek the indemnity for the employer; and (b) the employer gives the Authority the employer's written consent to seek the indemnity under this section on the employer's behalf. S. 138(7) inserted by No. 9/2010 s. 122. (7) If the Authority recovers an amount from a third party on behalf of the employer that includes an
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