The Workplace Health, Safety and Compensation Act (the Act) provides for the payment of compensation benefits. In exchange for the right to compensation, you generally cannot sue any employer or worker whose acts may have caused or contributed to injury or death, although there are exceptions. An action can be taken by an injured worker or dependent of a fatally injured worker in either of the following situations:
- If the person responsible for the injury or death is neither an employer nor a worker under the Act; or
- If the injury or death is a result of an accident involving the use of a motor vehicle, even though the person responsible may be an employer or worker under the Act.
If there is a right of action against a person in either of the situations described above, the person being sued is referred to as a “third party” and the action is known as a third party claim.