CMP.6.3.030 Right of Action When a Third Party Liable

Whenever an injury for which benefits are payable under this Ordinance occurs under circumstances creating a legal liability in a person other than the Employer, the injured Employee may either claim benefits under this Ordinance or proceed at law against such other person to recover damages, but the Employee shall not collect from both.

If the Employee proceeds against a person other than the Employer with respect to such an injury or condition and recovers any amount, that action shall constitute an irrevocable election to proceed against such person and the Employee shall have no rights to any compensation from the Employer under this Ordinance with respect to such injury or condition.

If benefits have been awarded or paid under this Ordinance, and the Employee has suffered damages for which a person other than the Employer is legally liable on account of the same injury or condition for which benefits were paid, the Employer may collect in its own name or that of the injured Employee an amount equal to the amount of benefits paid by the Employer to the Employee. Acceptance of benefits under this Ordinance constitutes an assignment of the Employee's rights to the Employer to the extent benefits are paid or payable.