When a worker or their dependent has the right to take legal action against someone other than their employer for an injury that happened during their employment, and they are entitled to compensation, the worker or their dependent can receive compensation from the Workers' Compensation Board and can still pursue legal action against the other party.

The Workers' Compensation Board is to take legal action in their own name or join the worker or their dependent in legal action to recover the amount of compensation paid to the worker or their dependent.

From the portion awarded under heads of damage with respect to which the board pays compensation to or for the benefit of the worker or any worker’s dependant, the difference between the costs of the board for payment of that compensation and the board's share of the costs of the action is deducted.

• The remainder of the total award goes to the worker or the worker's dependants, as appropriate.

the worker or their dependent must give notice in writing to the Workers' Compensation Board if they intend to take legal action.

the Workers' Compensation Board's written approval for any settlement of legal action for an amount less than the compensation provided for in the Act.

bars any legal action by an employer, worker, or worker's dependent against an employer or worker for an injury that happened during the worker's employment.

SK Worker’s Compensation Act s.38-43