Document name

Determination of a Worker’s Right to Bring Action

Document number

POL 01/2013

Action means any civil claim against another party which may include grievances and matters that may be examined before other tribunals.

1. Section 43 of The Workers’ Compensation Act, 2013 (the “Act”) states “no employer and no worker or worker’s dependant has a right of action against an employer or a worker with respect to an injury to a worker arising out of and in the course of the worker’s employment.”
2. Under Section 169(1) of the Act states “any party to an action may apply to the board for adjudication and determination of the question of:
   1. the plaintiff’s right to compensation pursuant to this Act; or
   2. whether the action is barred by this Act.”
3. Section 169(2) of the Act adds that “the board’s adjudication and determination pursuant to this section is final and conclusive.

1. The Workers’ Compensation Board (WCB) will identify third party actions in accordance with POL 13/2014, Third Party Actions. This will usually involve the Operations staff and Subrogation Administrator determining whether a right of action exists. This determination does not constitute a ruling under Section 169 of the Act.
2. A party to an action may dispute whether the right to the action is removed by the provisions of the Act. To resolve the dispute, the party must make application for a ruling under Section 169 of the Act.
3. All applications under Section 169 shall be received and developed by the Board Services department. All rulings will be made by the Board Appeal Tribunal.