Effective date: November 1, 2014
Approved date: August 2, 2014
Application: Applies to all claims involving third parties.
Policy subject: General
To provide guidelines for the management of third party actions.
Customer means an injured worker or a surviving dependant.
Third party, for the purpose of this policy, means a person or entity that is not a worker or employer within the meaning of The Workers’ Compensation Act, 2013 (the “Act”).
Subrogation means the substitution of one person or group by another in respect of a debt or insurance claim. This includes the transfer of any associated rights and duties. For the purpose of this policy, the right of subrogation arises when the Workers’ Compensation Board (WCB) pays claim costs for a customer and then attempts to recover these costs from the third party responsible for the work injury.
Third party action means a civil claim to recover damages suffered by the customer as the result of a work injury caused by the actions or neglect of a third party. The customer or the WCB would bring legal action against the third party.
Workers’ Right to Bring Action
Employer Cost Relief
Distribution of Settlement Funds
Approval of Settlements
The Workers’ Compensation Act, 2013
Sections 2, 38, 39, 40, 41, 42, 43
(1) January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013.
(2) POL and PRO 04/2007, Third Party Actions/Subrogation (effective May 1, 2007 to October 31, 2014).
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