Determination of a Worker’s Right to Bring Action
Effective date: February 1, 2013
Application: Applies to all applicants desiring to bring an action.
Policy subject: General
To establish guidelines for determining if a right of action exists.
Action means any civil claim against another party which may include grievances and matters that may be examined before other tribunals.
- 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.”
- 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:
- the plaintiff’s right to compensation pursuant to this Act; or
- whether the action is barred by this Act.”
- Section 169(2) of the Act adds that “the board’s adjudication and determination pursuant to this section is final and conclusive.
- 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.
- 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.
- All applications under Section 169 shall be received and developed by the Board Services department. All rulings will be made by the Board Members.
(1) POL 26/95, Determination of a Worker’s Right to Bring Action (effective January 1, 1996 to January 31, 2013).
(2) POL 50/82, Determination of a Worker’s Right to Bring Action (effective December 7, 1982 to December 31, 1995).