11.01.220 Third Party Liability

(a) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee's personal representative, or other person entitled to bring action, to make claim or maintain an action in tort against any party other than the Band for such injury or death, hereinafter referred to as a 3 ^rd party; nor shall the making of a claim by any such person against a 3 ^rd party for damages by reason of an injury affect the right of the injured employee or the employee's dependents to recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death. If the Band pays or is obligated to pay a claim under this chapter the Band shall also have the right to maintain an action in tort against any other party for the employee's injury or death. However, each shall give to the other reasonable notice and opportunity to join in the making of such claim or the instituting of an action and to be represented by counsel.

(b) No employee who is loaned by his or her employer to the Band and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the Band who accepted the loaned employee's services.

(c) No participant in a community service job sponsored by the Band or is provided worker's compensation coverage by a Wisconsin works agency, as defined under Wis. Stat. "9.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the Band.