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Tips for Understanding Work Injury Claims

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Tips for Understanding Work Injury Claims

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
WSIB-workplace injury

A workplace injury is defined as any injury that occurs in the workplace or on company business, which requires medical treatment and which may or may not result in time missed from work. The WSIB is a government agency that administers Ontario’s no-fault workplace insurance for employers and their workers.

As a general rule, an injured worker cannot sue their own employer or any other employee or employer for personal injury damages. However, there are numerous situations where people have the right to sue, and may not know it. After suffering a workplace injury, it is critical that you consult an experienced work injury lawyer who specializes in this complex area of the law. If it turns out that you do have the right to sue, the level of recovery in a civil action is often far greater than the coverage available under WSIB.

In order to understand what your options are, you first need to know who is eligible for WSIB coverage. To be eligible for WSIB, you must have suffered injuries as a result of a work-related accident or illness, and you must fall within a covered industry. There are two categories of industries to which WSIB coverage extends:

  • Schedule 1:

    • Categorized into 9 industry classes
    • Includes: forest products; mining and related industries; other primary industries; manufacturing; transportation and storage; retail and wholesale trades; construction; government and related services; and other services
    • Represents the majority of workers and/or employers
  • Schedule 2:

    • Industries which are self-insured and pay the full amount of the claim plus an administrative fee set by the WSIB
    • Includes: railways; telephone companies within the legislative authority of federal government; telegraph companies; navigation companies; international bridges; provincial governments, including boards, commissions, and Crown agencies; any airline with a regularly scheduled international passenger service; municipalities, including municipal boards and commissions, except hospital boards; public library boards; police villages; and school boards

In addition to knowing who is eligible for WSIB, it is also important that you know if you have the right to sue. The answer is that any Schedule 1 injured worker can sue a Schedule 2 employer or worker. A Schedule 2 injured worker can sue any other Schedule 1 or 2 employee and/or employer. There are also some situations where the worker may have what is called a “concurrent” entitlement. This means that the worker has the option of either making a claim for WSIB benefits OR opting to sue for pain and suffering and all other losses through the court system in a civil lawsuit. This option is referred to as an election.

An example of this is as follows: a worker who is employed as a truck driver gets involved in a motor vehicle accident, which is caused by an at-fault driver who is not working at the time of the accident. That truck driver can make an election to claim workers’ compensation benefits or sue the at-fault driver in a civil proceeding.

Another example is that of a worker who is installing cable services to a home, and slips and falls on icy steps. The worker is entitled to sue the at-fault property owners, but also retains his claims for WSIB benefits.

If you have been involved in a workplace accident, and you are not sure whether you might have the right to sue, you must act quickly. Generally, an election must be made within 3 months from the date of the accident. In order to make that election, you must complete, sign, and file a WSIB Election Form within that time limit. That is why it is so important to discuss this matter right away with an experienced work injury lawyer, who can help you determine whether you have the right to sue, and maximize your recovery if you have been involved in a work-related accident.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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