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.