Federal Workers' Compensation Service: Workplace injury or illness caused by a third party

From: Employment and Social Development Canada

6. Workplace injury or illness potentially caused by a third party

In some cases, a third party may have been the cause an employee’s injury, illness, or death. A third party is someone other than the employee, their co-worker(s), and the employer, who in some way contributed to the employee’s occupational injury or illness.

Examples include:

Note: The Federal Workers’ Compensation Service will review the Employers report of injury form to determine if a third party may be partially or fully responsible for the employee’s injury, illness or death.

If it appears that a third party is partially or fully responsible for the injury, illness, or death, the employee or dependant(s) will be given 2 options and 90-days to make their choice:

Option 1

Maintain a GECA claim and receive workers’ compensation benefits. The FWCS will then assess whether to sue the third party to establish liability.

If the employee or dependant(s) chooses to claim compensation, the Government of Canada may take legal action in their name against the third party.

Option 2

Withdraw the GECA claim and independently sue the third party for all costs and damages.

The employee or dependant(s) should seek legal advice to pursue this option.

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