Section 23: Remedies against employer and third party

23. Remedies against employer and third party Where an injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person, other than the employer, to pay damages in respect of it— (a) the workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act, but shall not be entitled to recover both damages and compensation; and W9 – 15 [Issue 4] Workmen’s Compensation Act (b) where the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under section 7, shall be entitled to be indemnified by the person so liable to pay damages, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by the Court.