People get really confused about what to do when they sustain an injury in the workplace.
The first reaction for a person who gets injured while on the job is that they want to sue their employer, and everyone else under the sun for what happened to them.
This is a normal reaction and a normal train of thought. It would only seem logical and oh so simple that the injured worker sue his/her employer and anyone else responsible for their work related injuries.
Unfortunately, personal injury law in Ontario is far from logical and far from simple.
You see, because the injury took place in course or work, the employee must take a long hard look at whether or not s/he has to go through WSIB.
But what does going through WSIB have to do with suing for a personal injury case?
WSIB has everything to do with suing for a personal injury case; and here’s why.
You cannot both sue for your personal injuries, and claim WSIB benefits.
Well; if an injured worker cannot sue, and cannot claim WSIB benefits; then why can’t the injured worker just choose one path?
Because the law, in most cases; does NOT allow the injured party to chose. In the vast majority of cases; the injured worker MUST go through WSIB and cannot sue at all! Even if the employer was insanely negligent. I’m talking like sweat shop like labour conditions with zero protective gear and malfunctioning equipment which has been neglected for decades; the injured worker still CANNOT sue their employer if they are covered by WSIB.
If an injured worker tries to sue instead of having claimed WSIB benefits, their case will be kicked out of Court.
If an injured worker sues having not liked the amount of WSIB benefits they received; or having received not enough in WSIB benefits; their case will be kicked out of Court.