Personal injury law, especially regarding workplace injuries, presents significant challenges for affected employees.
Many assume that if injured on the job, an employee can easily hire a personal injury lawyer to sue their employer for negligence. However, the law often prohibits such actions in many cases.
WSIB functions as a protective mechanism for employers. By paying a monthly premium, employers are insulated from lawsuits related to workplace injuries. This system mitigates financial risk for employers, who contribute to a collective fund administered by WSIB. For employees, this provides assurance of compensation in the event of injury, while simultaneously reducing the likelihood of crippling legal expenses for employers. While WSIB compensation may be lower than civil lawsuit awards, it guarantees some level of benefit for injured workers.
Despite these frameworks, there are circumstances where an injured worker may "opt out" of WSIB to pursue claims against third parties. This option often depends on the employer's classification as a Schedule 1 or Schedule 2 employer. Some employers, like banks or dental offices, may not require WSIB coverage, allowing employees to sue directly for work-related injuries.
A common scenario involves an employee involved in a vehicle accident while using a company car. Here, the injured worker must choose between WSIB benefits, which would prevent them from claiming damages against the at-fault driver, or pursuing a third-party claim, potentially leading to greater financial recovery.
Deciding whether to pursue WSIB or a civil claim is complex and should ideally involve consultation with an experienced personal injury lawyer. In some cases, workers may feel compelled to follow the WSIB process, leaving them without the option for judicial recourse.
Navigating the complexities of personal injury law in the workplace requires a nuanced understanding of legal obligations and the potential implications for both employees and employers. Strategic decision-making is essential to align with the best interests of the injured party within the existing legal framework.
If you have been involved in an accident causing you injury or the death of a loved one, it's always best to consult a professional lawyer who has experience arguing these types of claims to protect your interests. Please contact our team at JEWELL RADIMISIS JORGE LL.P for a free initial consultation at 1 (855) DIAL JRJ.