In Ontario, Canada, any employee that gets injured while on-the-job can apply for benefits from the Workplace Safety and Insurance Board (WSIB). Those benefits function as a form of worker’s compensation. Understand that the Board operates within a no-fault system.
What benefits does the injured employee enjoy?
• Money for health care; that includes money for treatment, in addition to funds for physical therapy and occupational therapy.
• Reimbursement for lost wages;
• Money for any necessary medication;
• Reimbursement for special clothing or equipment;
• Reimbursement for money spent on coming and going to various appointments;
• Money for any disability gets made available as a non-economic loss benefit.
Restrictions on the injured employee:
He or she cannot sue the employer for damages. By the same token, he or she cannot sue a co-worker. He or she might elect to sue a third party. Such an approach would serve as an alternative to receipt of benefits from WSIB. Any money secured by means of a lawsuit could not serve as a supplement to the funds provided by WSIB.
An analysis of the restrictions on the injured employees
At any business or company in Ontario, all the workers look to the Workplace Safety and Insurance Board (WSIB) for financial assistance, should they become sick for a prolonged period of time, or should they get injured. In other words, the source of insurance help for each worker is the same; it is WSIB.
This system contrasts greatly with the system that exists on the road, where each driver has his or her own car insurance company. Hence, it makes sense that a driver injured, due to the negligent acts of a second motorist can sue the insurance company of the responsible party.
That series of facts does not match with the situation within a company. There all the co-workers enjoy the backing of one insurer, WSIB. For that reason, no worker can sue a co-worker. Moreover, the boss works with WSIB to ensure the delivery of benefits, should a given employee become sick or injured. Consequently, no employee can sue the employer.
On the other hand, a third party would have no reason for expecting to receive benefits from WSIB. In light of that fact, any worker has the right to consider suing the third party. Still, according to WSIB’s policies, any money received from pursuit of such a lawsuit cannot supplement any benefits received from the Workplace Safety and Insurance Board.
In summary, each of the employees in Ontario must make a choice, upon getting injured, or after remaining sick for a prolonged period of time. Each of them must decide on whether to accept WSIB’s benefits or to go after any award that might be won by suing a third party, with the help of injury lawyer in Huntsville.