Malaysia legislation

Section 20

of WORKMEN'S COMPENSATION ACT 1952

Section 20

Where any 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 thereof—

(a)

the workman may take proceedings against that person to recover damages and may claim against any person liable to pay compensation under this Act, but he shall not be entitled to recover both damages and compensation;

and

(b)

if the workman has recovered compensation under this

Act, the person by whom the compensation was paid, and any person who has been called upon to pay an indemnity under subsection 19(2) shall be entitled to be indemnified by the person so liable to pay damages as aforesaid and all questions as to the right to and amount of any such indemnity may, in default of agreement, be settled by an

Arbitrator.

Bankruptcy of employer