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Difference between revisions of "Making a Worker's Compensation Claim (7:VI)"
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Making a Worker's Compensation Claim (7:VI) (view source)
Revision as of 20:54, 13 December 2022
, 20:54, 13 December 2022→B. EXCEPTION: Election to Proceed by Lawsuit (WCA ss. 127 – 133 [Former Act, s. 10])
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Generally, a worker has no right to sue an employer or another worker in the course of their employment for a workplace injury. Instead, they are entitled to benefits from the Board. This is the “Historic Trade Off” discussed above and set out at s. 127 of the WCA [Former Act, s. 10(1)]. Note that the conduct causing the injury must arise out of and in the course of employment before this bar against litigation will apply. Actions outside of the course of employment (for example assault or criminal negligence) do not attract this bar against litigation. | Generally, a worker has no right to sue an employer or another worker in the course of their employment for a workplace injury. Instead, they are entitled to benefits from the Board. This is the “Historic Trade Off” discussed above and set out at s. 127 of the WCA [Former Act, s. 10(1)]. Note that the conduct causing the injury must arise out of and in the course of employment before this bar against litigation will apply. Actions outside of the course of employment (for example assault or criminal negligence) do not attract this bar against litigation. | ||
In circumstances where the s. 127 bar against litigation does not apply, a worker may choose to sue the person or company responsible for causing a work injury rather than making a claim for Board benefits. In order for a worker to have the right to choose (or “elect”) to pursue a legal claim, there must be a party who is potentially liable for the injury and is not an employer or a worker in the course of their employment under the WCA. As set out above, this can occur when the actions of an employer or worker fall outside the scope of their employment. In addition, this can occur when a non-worker or non-employer is responsible for the injury. For example, if a worker is injured while on the property of a private citizen. | In circumstances where the s. 127 bar against litigation does not apply, a worker may choose to sue the person or company responsible for causing a work injury rather than making a claim for Board benefits. In order for a worker to have the right to choose (or “elect”) to pursue a legal claim, there must be a party who is potentially liable for the injury and is not an employer or a worker in the course of their employment under the WCA. As set out above, this can occur when the actions of an employer or worker fall outside the scope of their employment. In addition, this can occur when a non-worker or non-employer is responsible for the injury. For example, if a worker is injured while on the property of a private citizen, the worker may be able to elect to sue the property owner under the ''Occupiers Liability Act'', RSBC 1996, c 337, rather than claiming Board benefits. | ||
Note that, as of May 1, 2021, there is no right to sue in relation to any motor vehicle accident occurring in BC pursuant to the Insurance (Vehicle) Act, RSBC 1966, c. 231. As a result, no workers will have any right of election in respect of injuries related to a motor vehicle accident outside of a few narrow exceptions. These exceptions include accidents involving off road / farming vehicles, manufacturer’s liability issues (e.g. faulty mechanics / repair), accidents occurring outside of BC, and accidents where the potentially liable driver has committed an offense under the Criminal Code (see Insurance (Vehicle) Act, ss. 113 – 116). | Note that, as of May 1, 2021, there is no right to sue in relation to any motor vehicle accident occurring in BC pursuant to the Insurance (Vehicle) Act, RSBC 1966, c. 231. As a result, no workers will have any right of election in respect of injuries related to a motor vehicle accident outside of a few narrow exceptions. These exceptions include accidents involving off road / farming vehicles, manufacturer’s liability issues (e.g. faulty mechanics / repair), accidents occurring outside of BC, and accidents where the potentially liable driver has committed an offense under the Criminal Code (see Insurance (Vehicle) Act, ss. 113 – 116). | ||