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Nova Scotia

If you were exposed to asbestos by working with it in the Province of Nova Scotia you have an option to choose either to claim from the Workers’ Compensation board or by retaining a lawyer to put forward compensation claims to the asbestos trusts. You cannot do both but the option lies with the worker. An excerpt of the legislation that covers this issue is here:

Workers’ Compensation Act S.N.S. Chapter 10 of the Acts of 1994-95

“. . . the worker or the worker’s dependants, if entitled to compensation under this Part, may claim such compensation, or may bring such action, provided a written notice of election to bring such action is made to the Board.

  1. (2) A written election shall be received by the Board within one hundred and eighty days of the date of the accident and, notwithstanding any enactment, the time for filing a written election shall not be extended.

  2. (3) Where any compensation is paid prior to the date of election, the Board is subrogated to the position of the worker or the worker’s dependants to the extent of such payment and shall be paid in priority from any amount the worker or dependant receives from any action pursuant to subsection (1).

  3. (4) Where no written election is received by the Board within one hundred and eighty days, the Board is

    1. subrogated to the position of the worker or dependant for the whole or any outstanding part of the cause of action; and

    2. vested with all the rights of the worker or dependant to the cause of action.

  4. (5) Where the Board is subrogated to a cause of action pursuant to subsection (4), an action may be taken against any person

    1. by the Board in the name of the worker, the worker’s personal representative or a dependant of the worker, without the consent of the person in whose name the action was taken;

    2. by the Board in its own name; or

    3. where the Board does not exercise its rights pursuant to clause (a) or (b), by the worker, the worker’s personal representative or a dependant of the worker, with the prior consent of the Board.

  5. (6) Where a cause of action is pursued by a worker under subsection (1) or clause (5)(c) and less is recovered and collected than the amount of the compensation to which the worker or the worker’s dependants would be entitled under this Part, the worker or the worker’s dependants are entitled to compensation under this Part to the extent of the amount of such difference, provided that the prior written approval of the Board to such settlement has been given.

  6. (7) When the Board is subrogated to a cause of action the Board has full discretion to conduct the litigation as the Board deems appropriate.