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• compel a Participant to claim compensation from a defendant if the Agency believes the cause of the injury is compensable;

• take its own legal action against a defendant in the Participant’s name;• seek recovery of payments already made to a Participant from a judgment or

settlement sum; and• seek recovery from a defendant or its insurer in respect of payments the Agency has

already made to the Plaintiff.

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• articulate that the settlement sum includes any amounts payable to the Agency; and• require the Participant to indemnify the defendant and/or insurer for any liability to

the Agency.

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• requiring a Participant to seek compensation if there are reasonable prospects, including by seeking legal advice, contacting the insurer direct or issuing proceedings;

• if the Participant fails to comply, the Agency can take action or take over an existing action (the Agency is liable for legal costs);

• if successful, the Agency will recover an amount equal to what it has paid to the Participant, and any additional amounts will cover legal costs first, with the balance going to the Participant.

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