Recovery actions
From 1st July 2021 recovery actions filed at the District Court will be transferred to SAET. It is preferable that recovery actions are filed directly with SAET using Form A20 – General Civil Action and Form A22 – Statement of Claim – Civil Action.
The Return to Work Act 2014 describes rights of action and recovery against third parties who may be responsible for causing a worker’s injury.
If you suffered a work-related injury and received compensation from your employer, and also received damages from a wrongdoer who caused the injury, then the compensating authority may be entitled to recover the compensation paid to you.
The compensating authority may apply to SAET for recovery of the compensation that has been paid to you.
What do I need to do?
If you believe that action is being taken to recover compensation that has been paid to you, you should seek advice from a legal practitioner.
What can I expect?
This will be an action brought by the compensating authority and it will be sensible to seek representation by a legal practitioner. The matter will first go to a hearing to determine the direction of the matter. You may need to provide documents with regard to the compensation that you received from the claim against the third party wrong doer.
What forms are relevant?
The compensating authority will be lodging the application with regard to recovery.
Is there a cost?
There may be costs associated with representation and you should discuss that with your legal practitioner.
Where can I find more information?
You should seek legal advice from a legal practitioner.