Can an Ontario family file for WSIB benefits and a US asbestos trust fund claim at the same time?

No. Under the Workplace Safety and Insurance Act, 1997 (Section 30), a worker or survivor with a right to pursue a trust fund or other third-party claim must elect one path or the other — WSIB benefits, or the trust/civil claim — and notify the Board of that choice.

How long does an Ontario family have to make this election?

Generally about 3 months from the accident, diagnosis, or death. This is separate from and shorter than the general 6-month WSIB occupational-disease benefits-filing deadline. WSIB's policy allows an extension for cause, such as serious illness or a language barrier, on written request.

If a family elects WSIB benefits, can they still get money from a US asbestos trust fund?

If WSIB is elected, the Board typically pursues any trust fund claim itself through its own lawyers, not the family. Any surplus after WSIB's benefits and costs are covered is meant to return to the family, but because US trusts often pay only a fraction of a claim's scheduled value and WSIB's costs come off the top first, a surplus is uncommon in practice.

Before You Apply for WSIB: One Choice, No Do-Overs

Checked September 3, 2026 against the Workplace Safety and Insurance Board’s own operational policy and a Canadian asbestos law firm’s client materials. Ontario law only — see the note near the bottom if your family is in another province.

If someone in your family was diagnosed with mesothelioma after working in Ontario, there is one decision that has to be made early, and it cannot be undone once it’s made. It is easy to miss in the first weeks after a diagnosis, when everything feels urgent and the paperwork all looks the same.

This page explains that one choice in plain language, so your family can make it on purpose — not by accident.

The one thing to know before you file anything: in Ontario, applying for WSIB benefits and pursuing a US asbestos trust fund claim are not two separate paths you can both walk. Under the Workplace Safety and Insurance Act, you elect one or the other — and you generally have 3 months from the diagnosis (or death) to make that choice and tell the Board. Source: WSIB Third Party Rights of Action.

Why this is one choice, not two

Under Ontario’s Workplace Safety and Insurance Act, 1997 (Section 30), a worker or a surviving family member who has the right to pursue a “third party” claim — which is what a US asbestos trust fund claim is, in the Board’s eyes — has to elect between two paths:

Path A: Apply for and accept WSIB benefits, or
Path B: Pursue the trust fund claim (or another third-party civil claim) yourself

You do not get to do both. Choosing one closes the other. This is what “election” means in the Board’s own policy language, and it is the single most important thing to understand before any paperwork goes in.

The clock: 3 months, not 6

Families researching WSIB often find a 6-month deadline for filing an occupational-disease benefits claim (counted from diagnosis) and assume that is the only deadline that matters. It is not.

Deadline	What it covers	Length
Election deadline	Choosing WSIB benefits or the trust fund/civil claim — and notifying the Board of that choice	3 months from the accident, diagnosis, or death
General benefits-filing deadline	Filing a standard WSIB occupational-disease claim	6 months from diagnosis

The 3-month election deadline is shorter than the 6-month filing deadline, and it is a separate requirement. A family that is still gathering paperwork toward the 6-month filing deadline can miss the 3-month election deadline entirely without realizing a second clock was running.

The deadline is not always absolute. WSIB’s policy allows the Board to extend the election period for cause — serious illness or a language barrier are examples the Board’s own policy names — but that requires a written request. Treat the 3-month window as the real deadline and ask early if more time is needed, rather than assuming an extension will be granted.

Not sure which benefits your family qualifies for?

Every family’s exposure history and eligibility are different, and this decision is easiest to get right with someone to talk it through with. Call 1-800-877-6000 to talk to a Patient Advocate — there is no cost for the conversation, and no obligation. If you haven’t filed anything yet and you’re just not sure which way to go, that’s exactly when to call — a free case review can help you see your options clearly before you decide.

If WSIB is elected, who pursues the trust claim?

Choosing WSIB benefits does not automatically mean the trust fund claim disappears. If you elect WSIB, the Board typically pursues the trust claim itself, through its own lawyers — your family is not the one directing that process.

Ontario’s legislation provides that any amount recovered beyond what WSIB paid out in benefits and costs is meant to return to the family. In practice, according to a Canadian asbestos law firm’s own client materials, that surplus is uncommon. US asbestos trusts already pay only a fraction of a claim’s scheduled value — commonly in the range of 10 to 30 cents on the dollar — and WSIB’s own costs are taken off the top before anything is calculated for the family. The combination “greatly reduces the likelihood there will be any excess funds … paid to you or your family,” in that firm’s words. Source: Brown Law Office — 10 Things You Need to Know About Asbestos Claims and the WSIB.

Our own reporting on how little a trust fund claim typically pays out covers the same “payment percentage” reality in more detail: Understanding the “Payment Percentage” Reality.

What this means for your family, in plain terms

The choice is real and it is early. You are choosing within roughly 3 months of diagnosis, often while still absorbing the diagnosis itself.
WSIB benefits are steady and known. They are earned benefits tied to the workplace exposure, administered by the province.
A trust fund claim is not guaranteed, and it is not fast. It depends on exposure history, and even a successful claim is typically paid at a fraction of its scheduled value.
If you elect WSIB, you are largely handing the trust-fund process to the Board. That can be the right choice for many families — but it should be a choice made with full information, not a default reached because the 3-month clock ran out unnoticed.

This is not a decision to make alone from a search engine. A Patient Advocate can help your family understand the timeline and what each path would mean before anything is elected. Call 1-800-877-6000.

This page covers Ontario only

This page describes the Workplace Safety and Insurance Act, 1997 (Ontario) specifically. Other Canadian provinces run their own workers’ compensation boards with their own rules, which we have not verified here. If your family’s exposure happened outside Ontario, confirm your province’s specific election rules with that province’s board before assuming this same 3-month timeline applies.

For resource-page editors, social workers and nurse navigators

You are welcome to link to or cite this guide. Every claim on this page is attributed to the source that states it, and we re-check the page on a recurring basis and date-stamp the check. Spot something we got wrong? Tell us on our contact page and we will correct it.

About this guide: compiled by MesoCare.org, last full verification September 3, 2026, against the Workplace Safety and Insurance Board’s own operational policy manual and a Canadian asbestos law firm’s published client materials. MesoCare is sponsored by Danziger & De Llano. This guide explains publicly available Ontario workers’ compensation election rules and is not legal advice, and it is not advice about US trust fund eligibility. Every family’s situation is different — a Patient Advocate or qualified lawyer should review your specific exposure history and timeline before you elect either path. Deadlines and policies can change; confirm current rules directly with WSIB.