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 Service
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