Alberta

If you worked with asbestos only in Alberta you are required to apply for WCB benefits. Applicable legislation follows:

Workers’ Compensation Act, R.S.A. Revised Statutes of Alberta 2000, Chapter W-15

22(1) In this section and section 22.1,

(a) “action” means a cause of action and all rights of recovery of a claimant, whether inside or outside Alberta, against any person or persons, in respect of or arising out of the personal injury to or the death of a worker;

(b) “claimant” means a worker, a worker’s legal personal representative or a worker’s dependants;

(c) “compensation costs” means the present and future costs, as determined by the Board, of all benefits paid or payable to or on behalf of a claimant under this Act including, without limitation, all disability, medical aid and vocational rehabilitation benefits.

(2) This section (a) applies to accidents that occur on or after the date this section comes into force; (b) does not apply in respect of an action that the Board has divested itself of under section 22.1.

(3) Notwithstanding any other Act, if an accident happens to a worker entitling a claimant to compensation under this Act, any action of the claimant in respect of that accident vests in the Board.

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