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29.2 Actions against Third Parties

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Under the SRCA employees are free to institute actions against persons or organisations other than the Commonwealth, i.e. where that person may have a common law liability for the injury. This is most commonly the case where the injury arose out of a vehicle accident during the employee's home/work travel. However, where the employee does institute such a legal action

  • are obliged to inform the Commonwealth of the commencement of such an action and subsequently of the result, and
  • if successful in any degree (i.e. 'recovers damages' regardless of the amount received), liability to compensation under the SRCA is permanently removed.