What do I do if I’m injured at work?
In Ontario, approximately 77 per cent of workplaces are under the coverage of the Workplace Safety and Insurance Act (the “Act”). This legislation creates the Workplace Safety and Insurance Board (WSIB), with which many people are familiar.
The WSIB adjudicates and pays benefits to injured workers through a “no-fault” benefit system, in which a claimant only must demonstrate they were injured out of and in the course of their employment to receive benefits. The most common benefits available are for loss of earnings and assistance with medical treatment not covered by OHIP, such as physiotherapy or medications. For most workers, the system is funded by contributions made by employers to the insurance fund based on a company’s business designation and payroll.
However, in exchange for being able to access these benefits, workers under the Act lose their right to sue their employer or a co-worker for any injuries sustained while working. The exception to this is when a third party is involved who is not also an employee covered by the same part of the Act. A common example is a car accident in which one party is in the course of their job duties and the at-fault driver is not.
For the 23 per cent of Ontario workplaces not covered by the Act, employees injured at work only have recourse to their extended health benefits (if they have them) and by bringing a civil claim against their employer.
While a civil action can have certain benefits in terms of the amount of compensation when compared with a WSIB claim, there are also drawbacks. The most significant two are the time it takes to bring such an action to a conclusion (which can be years), and the need to prove “negligence” on behalf of the party who is being sued. In a civil case, it’s not enough that an injury happened out of and in the course of employment; there must be something that the employer/co-worker did, or ought to have done, that was negligent which led to the injury.
Navigating legal options can be a daunting process, particularly after a serious injury. If you find yourself in a situation where you’re uncertain about your options, please contact me for a free consultation to explore your rights.
This article was originally published by The Hamilton Spectator.
