Negligence Cost Transfer
June 30, 2008 - December 31, 2015
Prior to each investigation involving negligence allegations, the Yukon Workers' Compensation Health and Safety Board (YWCHSB) will review the situation for evidence of negligence and materiality. For those case where negiligence is to be determined, the Investigations Unit will be consulted to determine whether an investigation into the incident is warranted. All parties likely to be affected by the determination will be given an opportunity to review the available evidence and make representations to the YWCHSB about the application of subsection 71(2) of the Workers' Compensation Act S.Y. 2008 (the "Act").
Where more than one employer (including the injured worker's employer) is found to be negligent in a particular case, the past and future injury costs of the claim will be apportioned among the negligent employer's cost histories based on degree of negligence. Where the YWCHSB is satisfied that the injury or death of a worker is due to the negligence of more than one employer, and degrees of negligence cannot be determined, the costs of the injury will be charged equally to the cost history of the employers involved.
This policy provides direction in determining when an employer (and/or his/her worker(s)) has been negligent and has thereby caused an injury or death to a worker(s) of another employer. Where negligence has been determined, this policy provides direction on how costs are transferred.