A worker cannot sue to recover compensation under the Worker’s Compensation Act.

All claims for compensation will be handled by the Board.

Recovering worker’s compensation replaces any other legal rights or claims an employee might have against your employer for an accident.

If there is a lawsuit, any party can request the Board to determine if the worker involved is eligible for compensation under the Worker’s Compensation Act. The Board will assess the worker's eligibility.

Regardless of any other laws, if a worker has an accident that entitles the claimant to compensation under this Act, any legal action related to that accident is transferred to the Board.

The Board takes over the action and has the same rights as the claimant to recover compensation costs.

The Board has control over the action, including the decision to pursue it, reaching settlements, releasing parties from liability, and choosing legal representation.

The claimant must cooperate fully with the Board in bringing the action, which includes providing information, attending meetings, examinations, and trials, and executing required documents.

• If the claimant fails to comply with their cooperation obligations, the Board can suspend periodic compensation payments.

Employers are prohibited from discouraging or impeding workers or their dependents from participating or cooperating with the Board in pursuing an action under this section.

If a worker has an accident that qualifies them or their dependents for worker’s compensation, neither the worker, their legal representatives, dependents, nor their employer can bring a legal claim for personal injury or death resulting from the accident.

• This restriction applies to the employer or any worker of the employer in an industry covered by this Act when the conduct that caused or contributed to the injury occurred during employment in that industry.

In an action related to the transfer of actions to the Board, a defendant cannot initiate legal proceedings against an employer or worker if the plaintiff (claimant) is prohibited from bringing an action against them under this section.

• However, if the court determines that the employer or worker's fault or negligence contributed to the plaintiff's damages or losses, the defendant is only held responsible for the portion of the damages or losses caused by their own fault or negligence.

AB Worker’s Compensation Act s. 21, 22, 23