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 disease1.


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 exposure1.

 

If you believe that you may have entitlements with the WCB, you should contact them directly to discuss the benefits that may be available.


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

  • A lump sum for "Non Economic Loss"
  • A monthly pension
  • 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. 

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