Third party claims - This is appropriate for Discrimination cases and workplace bullying
You can also sue a third party – that is, a party other than your employer – for damages where:
(a) your employer is not a party to the action;
(b) the injury occurs while you are temporarily absent from your place of employment during any authorised recess (e.g. morning tea, afternoon tea);
or
(c) you are travelling for the purposes of your
employment; or
(d) you are attending a school or training course for
the purpose of your employment; or
(e) you are obtaining a medical certi.cate or
treatment.
In these circumstances, it is not necessary to show that you suffer a ‘serious’ injury; it is sufficient to establish that you have suffered an injury due to the negligence of the third party.
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