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What if the WCB is involved in my claim?

Posted in: Blog // Written on behalf of Cuming & Gillespie
May 21, 2015

If you were injured while working, whether it be in a motor vehicle collision or some other incident, there is some important information you need prior to attempting to commence a civil claim. Under the Workers Compensation Act, where both parties to an incident are working at the time and are covered by Workers’ Compensation Benefits, any civil lawsuit is statute-barred, regardless of fault. Therefore, if you were working when injured and are covered by WCB, you need to file a claim with WCB and find out whether the person liable for your injuries was also covered by WCB at the time. If they were not, you can proceed to commence a civil action against them, in which the WCB would have a subrogated claim for the benefits they pay out as a result of your injuries. If the at-fault party was working and covered by WCB, then you are only entitled to the benefits available to you through WCB.

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