A-3 - Workers’ Compensation Act

Section 7 Disposition versions

2002-04-01

7. (1)  Where an accident happens to a worker in the course of his employment under such circumstances as entitle a beneficiary to an action resulting from the fault of some person other than an employer whose industry is subject to this Act, that beneficiary, if entitled to a benefit, may, at his election, claim that benefit or bring such action.

Notwithstanding the first paragraph, a beneficiary may bring that action against an employer whose industry is subject to this Act, other than the worker’s employer, where the fault of that employer constitutes an offence or a criminal act within the meaning of the Criminal Code.

(2)  If an action is brought and less is recovered and collected than the amount of the benefit to which the beneficiary is entitled under this Act, such beneficiary shall receive benefit for the difference.

(3)  If the beneficiary elects to claim a benefit, the employer, if he is individually liable to pay it, or the Commission, if the benefit is payable out of the accident fund, as the case may be, is subrogated pleno jure in the rights of the beneficiary and may, personally or in the name and stead of the beneficiary, institute legal action against the person responsible, and any sum so recovered by the Commission forms part of the accident fund. The subrogation takes place by the mere making of the election and may be exercised to the full extent of the amount of benefits which the employer or the Commission may be called upon to pay.

Agreements or compromises effected between the parties respecting such action or right of action shall be without effect, unless approved and ratified by the Commission and the payment of the amount agreed upon or adjudged shall be made only in the manner indicated by the Commission.

(4)  Notwithstanding any provision to the contrary, the Commission may exercise its recourse against a municipality or school board or the Conseil scolaire de l’île de Montréal, by reason of an accident to a worker, within the 12 months following the date of the receipt of the notice of election contemplated by subsections 1 and 5 of this section, provided that such notice of election be communicated by the Commission to the municipality or school board concerned or the Conseil scolaire de l’île de Montréal within the 30 days following the receipt thereof.

(5)  The election as between the above recourses shall be made and notice of it shall be given in the manner provided by section 5.

(6)  If the worker has the right to make the election mentioned in subsection 1 of this section, the Commission, in special and urgent cases, even when the worker has not elected or made a claim, may furnish such worker with the medical and surgical attendance his condition may require, and the expense thereof shall constitute a prior claim ranking immediately after law costs, upon the amount of the judgment to be rendered, if action be afterwards brought.

(7)  The recourse provided for in the second paragraph of subsection 1 may be instituted within a delay of six months from the date of the final judgment finding the employer guilty of an offence or a criminal act within the meaning of the Criminal Code.

R. S. 1964, c. 159, s. 7; 1972, c. 60, s. 32; 1977, c. 5, s. 14; 1978, c. 57, s. 1, s. 7.

1999-04-01

7. (1)  Where an accident happens to a worker in the course of his employment under such circumstances as entitle a beneficiary to an action resulting from the fault of some person other than an employer whose industry is subject to this act, that beneficiary, if entitled to a benefit, may, at his election, claim that benefit or bring such action.

Notwithstanding the first paragraph, a beneficiary may bring that action against an employer whose industry is subject to this act, other than the worker’s employer, where the fault of that employer constitutes an offence or a criminal act within the meaning of the Criminal Code.

(2)  If an action is brought and less is recovered and collected than the amount of the benefit to which the beneficiary is entitled under this act, such beneficiary shall receive benefit for the difference.

(3)  If the beneficiary elects to claim a benefit, the employer, if he is individually liable to pay it, or the Commission, if the benefit is payable out of the accident fund, as the case may be, is subrogated pleno jure in the rights of the beneficiary and may, personally or in the name and stead of the beneficiary, institute legal action against the person responsible, and any sum so recovered by the Commission forms part of the accident fund. The subrogation takes place by the mere making of the election and may be exercised to the full extent of the amount of benefits which the employer or the Commission may be called upon to pay.

Agreements or compromises effected between the parties respecting such action or right of action shall be null and void, unless approved and ratified by the Commission and the payment of the amount agreed upon or adjudged shall be made only in the manner indicated by the Commission.

(4)  Notwithstanding any provision to the contrary, the Commission may exercise its recourse against a municipal or school corporation or the Conseil scolaire de l’île de Montréal, by reason of an accident to a workman, within the twelve months following the date of the receipt of the notice of election contemplated by subsections 1 and 5 of this section, provided that such notice of election be communicated by the Commission to the municipal or school corporation concerned or the Conseil scolaire de l’île de Montréal within the thirty days following the receipt thereof.

(5)  The election as between the above recourses shall be made and notice of it shall be given in the manner provided by section 5.

(6)  If the worker has the right to make the election mentioned in subsection 1 of this section, the Commission, in special and urgent cases, even when the worker has not elected or made a claim, may furnish such worker with the medical and surgical attendance his condition may require, and the expense thereof shall constitute a privileged claim ranking immediately after law costs, upon the amount of the judgment to be rendered, if action be afterwards brought.

(7)  Notwithstanding the prescription enacted in article 2262 of the Civil Code, the recourse provided for in the second paragraph of subsection 1 may be instituted within a delay of six months from the date of the final judgment finding the employer guilty of an offence or a criminal act within the meaning of the Criminal Code.

R. S. 1964, c. 159, s. 7; 1972, c. 60, s. 32; 1977, c. 5, s. 14; 1978, c. 57, s. 1, s. 7.

1977-12-31

7. (1)  Where an accident happens to a workman in the course of his employment under such circumstances as entitle him or his dependants to an action against some person other than his employer, such workman or his dependants, if entitled to compensation under this act, may, at their election, claim such compensation or bring such action.

(2)  If an action is brought and less is recovered and collected than the amount of the compensation to which the workman or his dependants are entitled under this act, such workman or his dependants shall receive compensation for the difference.

(3)  If the workman or his dependants elect to claim compensation under this act, the employer, if he is individually liable to pay it, or the Commission, if the compensation is payable out of the accident fund, as the case may be, shall be subrogated plenojure in the rights of the workman or his dependants and may, personally or in the name and stead of the workman or his dependants, institute legal action against the person responsible, and any sum so recovered by the Commission shall form part of the accident fund. The subrogation takes place by the mere making of the election and may be exercised to the full extent of the amount which the employer or the Commission may be called upon to pay as a result of the accident. Nevertheless, if as a result of this act, the employer or the Commission happen afterwards to be freed from the obligation of paying a part of the compensation so recovered, the sum not used shall be reimbursable within the month following the event which determines the cessation of the compensation.

Agreements or compromises effected between the parties respecting such action or right of action shall be null and void, unless approved and ratified by the Commission and the payment of the amount agreed upon or adjudged shall be made only in the manner indicated by the Commission.

(4)  Notwithstanding any provision to the contrary, the Commission may exercise its recourse against a municipal or school corporation or the Conseil scolaire de l’île de Montréal, by reason of an accident to a workman, within the twelve months following the date of the receipt of the notice of election contemplated by subsections 1 and 5 of this section, provided that such notice of election be communicated by the Commission to the municipal or school corporation concerned or the Conseil scolaire de l’île de Montréal within the thirty days following the receipt thereof.

(5)  The election as between the above recourses shall be made and notice of it shall be given in the manner provided by section 5.

(6)  If the workman has the right to make the election mentioned in subsection 1 of this section, the Commission, in special and urgent cases, even when the workman has not elected or made a claim, may furnish such workman with the medical and surgical attendance his condition may require, and the expense thereof shall constitute a privileged claim ranking immediately after law costs, upon the amount of the judgment to be rendered, if action be afterwards brought.

R. S. 1964, c. 159, s. 7; 1972, c. 60, s. 32; 1977, c. 5, s. 14.