I was rear-ended and injured in a motor vehicle accident while driving to work. Am I supposed to file a claim with the Workplace Safety and Insurance Board (WSIB)?
For the majority of people, the answer to this question will be “no”. The WSIB covers workers for injuries that arise “out of and in the course of” their employment. For most commuters, time spent driving to/fromwork is not considered “in the course” of their job.
However, this is not always true for workers who travel during the course of their duties, such as salespeople or technicians. For these workers, they are sometimes considered “at work” as soon as they leave their driveway in the morning. If they become involved in an accident en route to their first meeting/appointment, their injuries may have occurred in the course of their job duties.
If so, other factors, such as whether the other driver is also in the course of their duties, need to be considered to determine if a person is required to claim benefits through the WSIB or if they can elect to pursue a tort claim(lawsuit) and automobile insurance no-fault benefits.
There are significant differences between both the process and the benefits available through the WSIB versus the automobile insurance system.
If your MVA related injuries arose out of an accident that may have happened while in the course of your employment, it is highly advisable to review your optionswith a lawyer versed in both compensation systems.