The compensation provisions replace any other rights or legal actions that a worker, their dependents, or family members may have against the employer, another worker, or any other person, for personal injury, disability, or death that occurred during employment.

If the cause of the injury, disability, or death of a worker allows for legal action against someone other than the employer or a fellow worker, the worker or their dependents have the option to either claim compensation under the compensation provisions or bring legal action.

If a worker or their dependants choose to claim compensation, they must do so within three months of the incident, or a longer period allowed by the Board.

If a worker is physically or mentally disabled and unable to make a decision within the specified timeframe, the Board may provide compensation until the worker is able to make a choice.

If compensation is paid during this time and the worker later decides not to claim compensation, no further compensation will be provided, and the compensation already paid will be deducted from any amount recovered.

For a minor child of a deceased worker, the parent, guardian, or the Public Guardian and Trustee can file an application for compensation on behalf of the child, which is considered a valid election.

The compensation provisions replace any right of action that an employer may have against another employer or an independent operator in relation to the personal injury or death of a worker.

• This does not affect any rights that the employer may have based on an indemnity agreement or contract between them and the other employer or independent operator.

• If there is a separate agreement in place, the employer can still pursue legal action based on that agreement.

BC Worker’s Compensation Act s. 127, 128, 132