June 30, 2008 - December 31, 2015
A worker who suffers a work-related injury may, in certain circumstances, have a claim against a person who caused the injury. Under subsection 51(1) of the Workers' Compensation Act S.Y. 2008 (the "Act"), the Yukon Workers' Compensation Health and Safety Board (YWCHSB) is assigned the right to sue and recover, on behalf of the injured worker. This assignment can be either a subrogated claim or a subrogated lawsuit ("subrogated lawsuit").
This policy explains when the YWCHSB would proceed in a subrogated lawsuit and how the funds would be apportioned when the case is either settled, or a court makes a decision favourable to the YWCHSB.