What to do when injured while in the course of employment

I was in the course of my employment when I was injured in a motor vehicle accident.  Am I able to sue the other driver or do I have to claim WSIB?

Whether you can sue if you were in the course of your employment depends on a number of evidentiary factors.  Typically, in Ontario if you and the other driver were both in the course of your employment at the time of the accident (meaning you were working and being paid by your employers at the time of the accident, your right to sue may  be limited by the Workplace Safety and Insurance Act (WSIA). Here are the key points:

1. WSIA Coverage: The WSIA provides a no-fault insurance system for workplace injuries, meaning that workers covered by the WSIA typically cannot sue their employer or co-workers or workers from other companies who are in the same class established in the WSIA for injuries sustained in the course of employment.

2. Workers’ Compensation: Instead of suing, you would be entitled to benefits through the Workplace Safety and Insurance Board (WSIB), which covers medical expenses, lost wages, and other related costs.

3. Third-Party Claims: If the other driver is not covered by the WSIA (e.g., they work for a non-WSIA employer or are an independent contractor or were simply out on an errand), you may have the right to sue them as a third party.

Whether someone is in the course of their employment or not at the time of the accident can be quite complex.  It is, therefore, important to consult with a legal professional to understand your specific situation and explore your options. They can provide guidance based on the details of your case and ensure you receive the appropriate compensation.

When you choose Porcelli D’Angela LLP, you are choosing unparalleled expertise, dedication, and personalized service.  What stands out is our years of experience which has established a proven track record of success, a deep understanding of the legal landscape, and a commitment to client satisfaction.  With our team of skilled legal professionals who specialize in personal injury law, Porcelli D’Angela LLP offers clients a wealth of knowledge, strategic thinking, and a relentless pursuit of justice, ensuing their legal matters are handled with the highest level of professionalism.

Call us at 647-490-944 for a free, no hassle consultation.  At Porcelli D’Angela LLP, you do not pay unless you recover money.

Disclaimer: The explanations and information provided here are for general informational purposes only and are not intended to be legal advice. Always consult with a qualified lawyer or legal professional for advice specific to your situation.