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Workers Compensation Benefits

If your exposure to Asbestos occurred at work in Canada, you may be entitled to make a claim for Workers Compensation Benefits [WCB]. Each Province has laws that apply to "workers" who suffer from asbestos related disease.


Qualifying for compensation

  

Each Province has laws that apply to "workers" who suffer from asbestos related disease. To qualify for compensation it is necessary to satisfy the relevant Workers Compensation Board (WCB) that you were exposed to asbestos during the course of your employment, and that your disease is related to asbestos exposure.

 

Proving employment can at times be difficult, as often the relevant period of work was in excess of 30 years ago. If you have employment records and references, or other proof of your employment, it makes the process of having the claim accepted easier. The type of employment you were engaged in is also important, as some WCBs will accept that certain tradespeople had exposure to asbestos (eg. boilermakers, pipefitters) whereas people exposed as "bystanders" may find it more difficult to have their claims approved..

If the WCB accepts the claim, then benefits that are payable can include:

  • A lump sum for "Non Economic Loss"
    (Sometimes called pain and suffering - although this is not payable in some Provinces.)
  • A monthly pension
    (Note that in some Provinces, this is not payable if the injured person is over 63 years of age.)
  • Survivor's benefits and pensions to the dependants or spouse of an injured person.
  • Medical expenses for treatment of the condition.
  • Funeral expenses.

It is important to note that if a claim is accepted and paid by the WCB, then the injured person or their family cannot pursue any other forms of compensation

This means that a claim against the Trust Funds, or any form of litigation, cannot be pursued. The WCB "owns" the right to pursue any such claims via the law of subrogation, and stands in the shoes of the injured person in being entitled to make any claims against third parties. In Alberta it is necessary for workers to apply for WCB benefits if they believe that they were exposed at work - it is only if the claim is denied that they may then pursue a US Trust Claim.


It is vital to get advice about your rights before you file a claim for WCB


  

It is vital to get advice as to the value of the benefits from the WCB, and compare them to the entitlements you have from the Trust Funds and any form of litigation before any claim is filed with the WCB. We have a WCB advisor who can assist with this process.


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Claim what you're entitled to


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Canadians can qualify for compensation and there is no court action and no financial risk, as  legal fees are not payable if compensation is not recovered.