Policy 31.05.10- Schedule "F" - Negligence

Cost transfers or cost relief may be provided under subsections 82(4)(a) and (b) (only for accidents occurring on or after January 1, 1992) or under Section 82(5) (for all claims), where the worker of one employer is injured as a result of negligence of another employer or the worker(s) of another employer, as follows:

  1. Cost transfers will be provided to the accident employer where:

    Cost transfers will only be made when the negligence of another party is established to the satisfaction of the WCB. In making this decision, the WCB may consider a determination of negligence made by a third party.

    1. The accident involves only workers and/or employers within Class E; and
    2. The injury results in costs of $5000 or more; or
    3. The accident involves workers and/or employers in different classes or self-insured employers in the same class: and
    4. The injury results in costs of $1500 or more.
  2. Costs which meet these criteria will be transferred from the accident employer to the employer(s) responsible for the negligent act. Where the accident does not meet these criteria, the costs will remain on the cost experience of the accident employer.
  3. Cost transfers for negligence are available to employers in all classes.
  4. In exceptional circumstances, cost relief (rather than a cost transfer) may be provided to a Class E employer where:

    Cost relief will only be provided on written justification and with the authority of the Vice President responsible for the Assessment Services Department, or the CEO.

    1. the injury results in costs of $5000 or more; and
    2. the WCB has determined to its satisfaction, after investigation, that:
      • the injury to the worker of the Class E employer involved negligence on the part of another employer or the worker(s) of that employer; and
      • the injured worker was clearly not negligent; and
    3. the WCB has determined that a transfer of cost to a negligent employer is not appropriate because:
      • the negligent employer is out-of-province or out-of-business, or;
      • the identity of the negligent employer cannot reasonably be determined, or;
      • further investigation is not feasible given the passage of time, lack of information, or excessive cost of investigation.
  5. Relieved costs will be charged to the Cost Apportionment Fund and allocated to Class E.