When may an insured person rely on the beneficiary's insurance benefits to escape liability for industrial accident compensation under the Labour Standards Act?
General information · Not legal advice
Material to check
In this practice file, we read the decision or application showing what insurance benefit the beneficiary received or was entitled to receive, and we read the papers describing the accident, because the exemption turns on the benefit and on the cause being the same.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the condition broadly: where the beneficiary has received, or is in a position to receive, insurance benefits under the Industrial Accident Compensation Insurance Act, the insured person is exempted from liability for industrial accident compensation under the Labour Standards Act in respect of the same cause, and the benefit need not already have been paid out.
Another reading limits the reach by its wording, since the exemption is written for the insured person only and is tied to a single cause, so a claim against some other actor, or a claim resting on a different cause, finds no exemption in this paragraph at all.
Your judgment
If the insurance claim is still pending, what in the file could show the beneficiary was in a position to receive benefits for the same cause?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen or narrow who may claim the exemption, or if a court decision clarifies what it means to be able to receive benefits for the same cause.