Recoveries From Third Parties

Policy Purpose

The Workers Compensation Act (the Act) permits the WCB, in some circumstances, to bring a legal action against a third party who is responsible for the workplace accident. A third party is an individual or organization that is not covered by the WCB.

If in the action the WCB recovers an amount that is less than the amount of the claim costs already incurred, the WCB sets that amount off against the claim costs. In this case, the worker remains entitled to benefits under the Act but does not receive any excess payment. If the WCB recovers an amount that is more than the amount of the claim costs, the WCB pays the excess amount to the worker or their dependant(s).

This policy describes the process for calculating and paying those excess amounts to workers or their dependant(s) in different situations.