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Saskatchewan

If you worked with asbestos in Saskatchewan you are entitled to apply for Worker’s Compensation and take steps to collect compensation through the Asbestos Trusts. You will have to reimburse the WCB board for all funds paid to you before you personally receive any funds and any lawyer you retain will be required to co-ordinate with the Compensation Board should you wish to pursue compensation claims. An excerpt of the legislation that covers this issue is here:

The Workers’ Compensation Act, 2013

Chapter W-17.11 of the Statutes of Saskatchewan, 2013

If worker entitled to action against person other than employer

38(1) This section applies if a worker or a worker’s dependant:

  1. has a right of action with respect to any injury arising out of and in the course of employment of the worker against a person other than an employeror a worker; and

  2. is entitled to compensation.

(2) In the circumstances mentioned in subsection (1), the worker or the worker’s dependant:

  1. is entitled to compensation to be paid by the board out of the fund; and

  2. may bring the action.

Subrogation
39 If a worker or a worker’s dependant receives compensation, the board, on assuming liability for the payment of that compensation:

  1. is deemed to be an assignee and is subrogated to all rights of recovery of the person to whom or with respect to whom or for whose benefit the payment of compensation is assumed to the extent of the compensation payable; and

  2. notwithstanding The Fatal Accidents Act, may:

    1. bring an action in its own name to recover the amount of the compensation payable; or

    2. join with the person to whom or with respect to whom or for whose benefit the compensation is payable to bring an action in the name of that person for recovery of the damages resulting from the injury or death.