Can you sue for a workplace injury?
If you or someone you love has suffered a workplace injury and you think your injury is the result of someone else’s negligence our Ottawa injury lawyers can help you to assess whether or not you have the potential for a successful lawsuit against the at-fault party.
Workplace injuries and the Law on Worker’s Compensation and Ontario Personal Injury.
In Ontario, the Workplace Safety and Insurance Act (“Act”) outlines the compensation and benefits workers may receive when they suffer an injury while in the course of their employment. The Act, however, limits the worker’s ability to sue a party, even if the party is at fault.
Your ability to sue depends on the type of business your employer is in. Employers are classified into two schedules depending on their business activities. If you are employed by a “Schedule 1” employer, you cannot sue any Schedule 1 employer or worker in the course of their employment, except in limited circumstances. If you are employed by a “Schedule 2” employer, you cannot sue your own employer or co-workers in the course of their employment. The laws around workplace injuries are complex and you should contact our Ottawa personal injury lawyers for a free consultation to determine whether you can sue, and who you can sue when you have suffered a workplace injury.
Often times, you are unable to sue your employer for a workplace injury. However, if another party besides your employer caused your workplace injury (such as the manufacturer of a defective product), you may be able to elect to commence a claim against them. You cannot commence a claim and receive benefits at the same time. The Workplace Safety Insurance Board ( WSIB ) may have sent you an Election Form. You must make your decision whether to pursue an injury claim or receive WSIB benefits within three months from the date of your workplace injury.
Workplace injury and electing to receive WSIB benefits? Let our Ottawa personal injury lawyers help you decide what’s best.
If you elect to receive WSIB benefits (workers’ compensation), you may not commence a claim at the same time because your rights to sue are transferred to the WSIB. The WSIB can sue in your name if it wishes to do so. Unfortunately, you are not in control of the lawsuit. If the WSIB is successful in its lawsuit, any amount it receives will be paid to reimburse it for benefits that you may have received, to pay its legal costs of the lawsuit, and to pay an administration fee of 10% of the value of the claim costs. Any remaining amount is payable to you. However, future payments to you by the WSIB will be reduced to the extent of the amount paid to you.
Ottawa personal injury lawyers who can help you commence a workplace injury claim
By retaining your right to sue, you will not receive WSIB benefits. However, you control the lawsuit and you may be entitled to general damages for pain and suffering and special damages for injuries occurred as a result of your workplace accident. In most cases our Ottawa injury lawyers are able to get you much more in compensation that you would have with WSIB.
There are many types of damages that may be available to injured victims of workplace accidents which include:
- Non-pecuniary general damages (damages for pain and suffering and loss of enjoyment of life and loss of amenities)
- Loss of income and loss of future income
- Loss of competitive advantage
- Loss of household and handyman capacity
- Reimbursement for medical costs and treatments
Should you contact an Ottawa personal injury lawyer after a workplace injury?
Contact our Ottawa Injury Lawyers as we have experience in workplace injuries. We will review the circumstances of your workplace accident, protect your rights and determine if you have a claim for your injuries. Our consultations are free so you have nothing to lose and will only get good advice.
We understand, we care , we’re here to help with your workplace injury and our track record proves it.We can’t change the past but we are the Ottawa personal injury lawyers that can help change your future.