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 1988 (Cth) 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.
How to contact our Office
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au