If you worked with asbestos in BC you have a choice regarding application to Work Safe BC or to claim to the asbestos trusts. The applicable wording of the legislation is set out for ease of reference. If you wish to review the entire text of the legislation please review the legislation on the site of WorkSafeBC.com. We would be pleased to discuss your options. Please call Brown Law to discuss what Work Safe BC legislation means in the context of a diagnosis of mesothelioma.Workers Compensation Act, RSBC 1996, c 492, Part 1 — Compensation to Workers and Dependants
Part 1,10 (2) Where the cause of the injury, disablement or death of a worker is such that an action lies against some person, other than an employer or worker within the scope of this Part, the worker or dependant may claim compensation or may bring an action. If the worker or dependant elects to claim compensation, he or she must do so within 3 months of the occurrence of the injury or any longer period that the Board allows.
(5) If after trial, or after settlement out of court with the written approval of the Board, less is recovered and collected than the amount of the compensation to which the worker or dependant would be entitled under this Part, the worker or dependant is entitled to compensation under this Part to the extent of the amount of the difference.
(6) If the worker or dependant applies to the Board claiming compensation under this Part, neither the making of the application nor the payment of compensation under it restricts or impairs any right of action against the party liable, but as to every such claim the Board is subrogated to the rights of the worker or dependant and may maintain an action in the name of the worker or dependant or in the name of the Board; and if more is recovered and collected than the amount of the compensation to which the worker or dependant would be entitled under this Part, the amount of the excess, less costs and administration charges, must be paid to the worker or dependant. The Board has exclusive jurisdiction to determine whether to maintain an action or compromise the right of action, and its decision is final and conclusive.
If you have questions about this legislation and how it impacts your possible compensation, please contact us toll free at 877.430.4500 x 224 to discuss your individual situation.