Compensation for federal workers
Workplace injury or illness potentially caused by a third party
From: Employment and Social Development Canada
In some cases, a third party may have contributed to a work-related injury, illness, or death. A third party is someone other than the employee, their co-worker(s), and the employer.
Examples include:
- automobile accident while on a work-related trip
- a bite from a dog while delivering mail to a household
- slipping on ice while working at a client’s property
Note: The Federal Workers’ Compensation Service will review the Employer’s Report of Injury 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: Claim compensation under GECA
Pursue the 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 against the third party.
Option 2: Seek compensation from the third party
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.
Contact us
Federal Workers’ Compensation ServicePage details
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