When you go to work for the day, you usually don’t expect to suffer an injury or accident. But accidents can happen at any time, so it’s best to understand what to do when you get hurt at work so you can get fair compensation.
Everyone has the right to a safe workplace, and when you clock in for our shift, you aren’t thinking that today will be the day you suffer a serious injury. But any day could be the day, and you should always know what to do.
Workplace accidents can happen wherever you work, whether you’re an industrial factory worker or a retail employee.
An accident can catch you off guard, but you can be prepared. Get to know the law and the rights you have as a Canadian citizen.
We can’t prevent accidents. But we can compensate them and hold the appropriate parties liable for their negligence.
Here’s what to do when you get hurt at work, and an overview of the options you have for retribution.
When an employer runs a business, they are obligated to care for the well-being of their employees.
Under Canadian Tort Law, everyone is required to maintain a duty of care to one another. When someone enters a business’ property, whether they are a customer or an employee, standards of safety have to be met.
For workplaces with more than 20 employees, there also needs to be a joint health and safety committee, with at least one worker and one management personnel present. In addition, a certain amount of workers must have First Aid training.
If an employee is hurt, the employer is required to follow certain procedures. This includes filling out an employer accident report form.
When you suffer an injury, your employer is required to provide suitable alternative options that will accommodate your injury. For example, if your job was to stock boxes in the back room, and you suffer a knee injury, they could have you file paperwork instead.
Personal injury at work is a common type of claim we see as lawyers. As employees, we expect to go to work every day and trust that we’re in good hands, but this isn’t always the case.
The most common work related injuries in the office and retail environments are to the hands or lower back. These areas can cause serious injuries in the future if they aren’t cared for right away.
You are also at risk for slip and fall injuries if your employer neglects to care for their property. If equipment, surfaces, or stairways aren’t maintained properly, and you fall, they could be liable for your injuries.
Emotional distress is another type of injury you might suffer at the hands of your employer. If they are subjecting you to unfair treatment, verbal abuse, or discrimination, they are negligent.
Other types of personal injury at work can include equipment malfunction due to improper maintenance, and in some cases, assault between co-workers.
If you suffer a personal injury at work, the first thing you need to do is seek medical attention. When you go to take your claim to court, you’ll be required to show that you got attention right away.
When you let your injuries go uncared for, you become liable because you allowed them to get worse. This also gives you less proof that the injuries were from the accident itself.
File your claim right away. The Ontario Statute of Limitations allows 2 years from the date of the incident for your claim to process.
The process itself isn’t quick, so you want to give yourself ample time to make sure you get the compensation you’re looking for.
It’s also extremely important to keep everything. This includes medical documents, receipts for treatment items, photographs of the accident, and the accident report itself.
The more evidence you have, the stronger your case is going to be, and the better the outcome of your recovery will be.
The amount you’ll get in your settlement depends on your specific situation. The factors that determine your settlement amount will include the severity of the injury, how much care and treatment your injury requires, and how much work you’ve had to miss.
Generally, you can claim for your pain and suffering, as well as the income you’ve lost from not being able to work. These are the most common claims, but there are many others you could qualify for.
Here is a breakdown of the reimbursements you could be entitled to:
Not all of these costs will apply to every single case, so it’s essential to talk to your personal injury lawyer so they can help you understand how the circumstances apply to you.
At Conte & Associates, we know how hard it is to recover from a serious accident. That’s why we fight hard to help all of our clients get the compensation they need to move on with their life.
It can be tough to figure out how personal injury law works. It’s our job to help make it easy for you to get what you deserve. We’ll review your case and help you understand everything you need to know, so you don’t have to worry more than you already are.
We also work with the top medical experts and professionals in Ontario to build you the strongest case we can.
Trust the team at Conte & Associates to help rebuild your life.