Section #: 
Effective date: 
Thursday, January 22, 1976
Last update: 
Sunday, July 1, 2012


Policy Purpose

As provided for in the Workers Compensation Act, where funds are recovered by the WCB from third parties as a result of legal action arising from an accident, any excess over the costs incurred by the WCB, including benefits awarded, will be paid to the claimant.

If the WCB recovers an amount of money that is less than the amount of compensation the worker is entitled to, then the WCB will keep the recovered amount and apply it to reduce the costs of compensation. The worker will still be entitled to the full amount of compensation they would have received had an action not been taken.

This policy describes when and how third party recoveries are processed and excess recoveries are calculated and paid.


Did this page give you the information you expected?: 

If you require a response, please contact us at or 1-855-954-4321. Messages from this form are collected to help us improve our website and are not forwarded to our customer service team.

Find more information about how to contact us directly.