Common use of Civil damages claims Clause in Contracts

Civil damages claims. An employee receiving or who has received accident pay shall advise the Employer of any action he/she may institute or any claim he/she may make for damages. Further the employee shall, if required, authorise such Employer to obtain information as to the progress of such action or claim from the Employer's solicitors and shall if required provide an authority to the Employer entitling the Employer to charge upon any money payable pursuant to any verdict or settlement on that injury. Where an employee obtains a verdict for damages against the Employer or is paid an amount of money in settlement of any claim for damages that he/she has made against the Employer in respect of an injury for which he/she has received accident pay the Employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Employer the employee immediately upon payment of such verdict or amount in settlement shall pay to his/her employee any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced. Where an employee obtains a verdict for damages against a person other than the Employer or is paid an amount of money in settlement of any claim for damages that he/she has made against such person in respect of an injury for which he/she has received accident pay the Employer's liability to pay accident pay shall cease from the date of such verdict, provided that if the verdict for damages if not reduced either in whole or part by the amount of accident pay made by the Employer the employee shall pay to the Employer any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

Appears in 1 contract

Samples: Enterprise Agreement

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Civil damages claims. (i) An employee receiving or who has received accident pay shall advise the Employer company of any action he/he or she may institute or any claim he/he or she may make for damagesDamages. Further the employee shall, if required, authorise such Employer the company to obtain information as to the progress of such action or claim from the Employer's his or her solicitors and shall if required provide an authority to the Employer company entitling the Employer employee to a charge upon any money payable pursuant to any verdict or settlement on that injury. (ii) Where an employee obtains a verdict for Damages against the company or is paid an amount of money in settlement of any claim for Damages that he or she has made against the company in respect of an injury for which he or she has received accident pay, the company’s liability to pay accident pay shall cease from the date of such verdict. Provided that if the verdict for Damages is not reduced either in whole or part by the amount of accident pay made by the company, the employee immediately upon payment of such verdict or amount in settlement shall pay to the company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced. (iii) Where an employee obtains a verdict for damages against a person other than the Employer company or is paid an amount of money in settlement of any claim for damages that he/he or she has made against the Employer such person in respect of an injury for which he/he or she has received accident pay pay, the Employer's company’s liability to pay accident pay shall cease from the date of such verdict; provided . Provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Employer the employee immediately upon payment of such verdict or amount in settlement shall pay to his/her employee any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced. Where an employee obtains a verdict for damages against a person other than the Employer or is paid an amount of money in settlement of any claim for damages that he/she has made against such person in respect of an injury for which he/she has received accident pay the Employer's liability to pay accident pay shall cease from the date of such verdict, provided that if the verdict for damages if not reduced either in whole or part by the amount of accident pay made by the Employer company the employee shall pay to the Employer company any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

Appears in 1 contract

Samples: Employment Agreement

Civil damages claims. (a) An employee receiving or who has received accident pay shall advise the Employer Tungsten of any action he/she that may institute be instituted or any claim he/she that may make be made for damages. Further Further, the employee shall, if required, authorise such Employer Tungsten to obtain information as to the progress of such action or claim from the Employeremployee's solicitors and shall shall, if required required, provide an authority to the Employer Tungsten entitling the Employer Tungsten to a charge upon any money payable pursuant to any verdict or to settlement on that injury. . (b) Where an employee obtains a verdict for damages against the Employer from Tungsten or is paid an amount of money in settlement of any claim for damages that he/she has been made against Tungsten in respect of any injury for which accident pay has been received, Xxxxxxxx 's liability to pay accident pay shall cease from the Employer date of such verdict, provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by Tungsten the employee immediately upon payment of such verdict or amount in settlement shall pay Tungsten any amount of accident pay already received in respect of that injury by which the credit has not been so reduced. (c) Where an employee obtains a verdict for damages against a person other than Tungsten or is paid an amount of money in settlement of any claim for damages that has been made against such person in respect of an injury for which he/she has received accident pay the Employerhas been received, Xxxxxxxx's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced reduced, either in whole or part in part, by the amount of accident pay made by the Employer the employee immediately upon payment of such verdict or amount in settlement shall pay to his/her employee any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced. Where an employee obtains a verdict for damages against a person other than the Employer or is paid an amount of money in settlement of any claim for damages that he/she has made against such person in respect of an injury for which he/she has received accident pay the Employer's liability to pay accident pay shall cease from the date of such verdictTungsten , provided that if the verdict for damages if not reduced either in whole or part by the amount of accident pay made by the Employer the employee shall pay to the Employer Tungsten any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced.

Appears in 1 contract

Samples: Greenfields Agreement

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Civil damages claims. An employee receiving or who has received accident pay shall advise the Employer of any action he/she may institute or any claim he/she may make for damages. Further the employee shall, if required, authorise such Employer to obtain information as to the progress of such action or claim from the Employer's solicitors and shall if required provide an authority to the Employer entitling the Employer to charge upon any money payable pursuant to any verdict or settlement on that injury. Where an employee obtains a verdict for damages against the Employer or is paid an amount of money in settlement of any claim for damages that he/she has made against the Employer in respect of an injury for which he/she has received accident pay the Employer's liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of accident pay made by the Employer the employee immediately upon payment of such verdict or amount in settlement shall pay to his/her employee any amount of accident pay already received in respect of that injury by which the verdict has not been so reduced. Where an employee obtains a verdict for damages against a person other than the Employer or is paid an amount of money in settlement of any claim for damages that he/she has made against such person in respect of an injury for which he/she has received accident pay the Employer's liability to pay accident pay shall cease from the date of such verdict, provided that if the verdict for damages if not reduced either in whole or part by the amount of accident pay made by the Employer the employee shall pay to the Employer any amount of accident -accident pay already received in respect of that injury by which the verdict has not been so reduced.

Appears in 1 contract

Samples: Enterprise Agreement

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