Families of deceased workers can pursue court action: TribunalRelatives weren't dependents of workers and weren't eligible for survivor benefits under workers' compensation legislation08/27/2008|Canadian Employment Law Today The families of two Ontario workers killed in an automobile accident while being driven to a worksite are not prevented from court action by workers’ compensation legislation, the Ontario Workplace Safety and Insurance Appeals Tribunal has ruled. TIPS Temporary Help, a Vaughn, Ont., company that supplied temporary workers to worksites for various jobs, used a driver to transport workers from TIPS offices to the worksites. On June 7, 2002, the driver drove the van through a railway crossing barrier and it was struck by a commuter train, killing him and four workers. The families of two of the workers, Yaw Baayah-Boateng and Joseph Lalite, each filed suit in court against the driver’s estate. The driver’s insurance company filed an application to dismiss the suits, arguing the Ontario Workplace Safety and Insurance Act To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.