If you’ve been injured at work, you’re likely suffering from much more than physical pain. You’ve suffered lost wages, inability to work, and in many cases, improper compensation.
When you aren’t covered by the Workplace Safety and Insurance Board (WSIB), it can be hard to get the compensation you need to recover.
You work hard for a living, and you shouldn’t suffer because your employer failed to care for your well-being. Everyone is entitled to earn their wage fairly and safely.
Here’s everything you need to know when you’re injured at work. If you have any more questions, contact your personal injury lawyer as soon as possible.
There are many ways you could injure yourself at work, especially if you work in an industry that includes a lot of machines, tools, or chemicals.
Industrial accidents are serious and can result in serious injury.
In August of 2014, three workers were injured in a steam explosion at Essar Steel Algoma. One man was badly burned in his torso, another injured his hands, and the other suffered injuries to his legs.
The court determined that the cause of the explosion was improper piping and a poor process for shutting off cooling water valves. Algoma was fined $100,000 for not taking the proper care in protecting its employees from injury.
There’s also a chance you could be injured from faulty machinery or equipment. In this case, you could be eligible to file a product liability claim against the manufacturer. If it’s your employer’s job to maintain the equipment, they could be held negligent.
Under the Ontario Occupier’s Liability Act, also known as premises law, the owner or occupier of a building is responsible for ensuring the safety of those who enter it.
If your employer is neglectful in caring for their property, they can be held responsible when you are injured at work.
They are responsible for clearing away any hazardous material and preventing you from doing anything that they know could possibly result in injury.
For example, if you’re entering your workplace in the winter and your employer has not removed the slow and ice from the walkways, they are liable if you slip and fall and suffer an injury.
Improper maintenance is a major factor in many premises law personal injury claims. It’s your employer’s job to properly inspect everything in their building to ensure it’s up to code.
Make sure you are fully aware of the statute of limitations in Ontario. For most cases, you have two years from the date of the incident to file your claim.
You could be eligible to claim compensation for pain and suffering, emotional distress, lost wages from missed work, medical bills, and any costs you encountered while treating your injury.
If you aren’t covered by the WSIB, some employers will have you sign a waiver as part of the terms of your employment. This waiver often prevents you from being able to sue your employer for injury.
In 2016, an employee of a go-kart racing company suffered an injury from a crash and sued his employer as well as the driver that hit him. However, the injured man had signed a waiver, which was dismissed in court, and he was unable to collect compensation.
Be careful what you sign, and always read through the terms of your employment. If you need help understanding your contract, contact a personal injury lawyer who can read through it with you.
Many workplaces and businesses in Canada are covered by the WISB. The conditions of the WSIB don’t allow employees to sue their employers, but in certain situations a lawyer can help.
If the WSIB denies your claim, you can hire a personal injury lawyer to seek repatriation and compensation from other possible sources. They will examine your case and determine if a tort claim can be made.
Even if you aren’t sure what to do, talk to us. We offer free consultations where we can sit down with you and give you the right advice for your situation.
There are always options, so make sure you know where to look for them. Even if you’re covered by the WSIB.
At Conte & Associates, we know how hard it is to get your life back on track when you’ve been injured. We specialize in helping injured victims get back on their feet with the right support and compensation.
Injuries can be devastating, not only on you, but on your family as well. You might be feeling lost, or that you’re burdening your loved ones. It’s not fair, and we will help you make it right.
Our team of experienced personal injury lawyers in Toronto will fight for you. We work with the top medical professionals in Ontario to make sure you have the strongest case.
Accidents happen, and we can’t predict when they will. But Conte & Associates can help you change the outcome of your injury.
Book your free, no-obligation consultation with us and we’ll give you the best advice. We have offices in Whitby and Vaughan and provide services to all of the GTA and surrounding area.