Workplace injuries are still a common occurrence. From messes left in the break room to malfunctioning machines to bare ice on the front stairs, any worker can experience a slip-and-fall accident.
After the shock of experiencing a workplace accident, you will probably be wondering, “can I sue my employer for a slip-and-fall?” Our Hamilton and Guelph lawyers can provide you with all the information you need to gain workers compensation benefits, make a claim, and, in some scenarios, file a lawsuit.
Claim Workers’ Compensation Benefits
Before you sue, you should know that workers compensation may be able to provide you with enough money to cover the cost of the damages.
When you experience workplace injuries, such as a slip-and-fall, or your health is affected by your job’s duties, you and your employer can both file a workers compensation claim with the Workplace Safety and Insurance Board (WSIB).
Keep in mind: If you’ve submitted a claim to the WSIB, then you are not permitted to file a lawsuit against your employer.
The advantage of filing a workplace injury claim with the WSIB is that you are not obligated to prove whether or not your employer was at fault. However, you will need to provide evidence that you sustained a work injury while on the job. Injuries that can be claimed are those experienced on-site, while running a work-related errand, or when travelling for your job.
If you’re unsure of what direction to take, book a free consultation with us right away.
File a Lawsuit
According to the WSIB, you can sue your employer if:
they do not have WSIB coverage
you are a Schedule 2 employee and were injured by a third party
In the latter case, Schedule 2 employees work in the provincial government, railway industry, and telephone companies that have a licence from the federal government. A third party may be another employee who purposefully or by accident set up a situation that caused your personal injury, such as leaving debris or liquids on the floor.
When a consultant is injured at their place of work, some employers will argue that they are not employees and therefore, cannot take any action against the employer, such as file a lawsuit. In this case, it’s up to the court to decide whether the consultant has that right based on the amount of hours they have worked for that employer.
If you are a worker who sustained an injury that was due to your employer’s reckless or intentional behaviour, you may be able to file a lawsuit even if you have already sent a claim to the WSIB. Our law firm can step in and get you help.
We encourage you to book a free consultation with a Wynperle slip-and-fall lawyer in Hamilton. We can evaluate your case and provide you with suggestions on your next step and get you the benefits you deserve.
Suffering a Work-Related Injury on Private Property
Some employers own the building where employees work, as is the case for nannies. This means your employer is obligated to maintain their property to ensure your safety, according to the Occupiers Liability Act.
If the property is not built to code or not kept clean and safe, you are within your rights to sue your employer if you experience a slip-and-fall or another type of accident.
Your Right to Compensation Insurance after Slip-and-Fall Injuries
A slip-and-fall accident in the workplace can lead to serious injuries that affect your ability to work or prevent you from working in the long run, including:
Traumatic brain injuries
Back and spinal cord injuries
Pain and suffering
Whether you’re in your early twenties or close to retirement, your employer has a responsibility to keep the workplace clean and functioning. In the event of a slip-and-fall at work, it’s essential that you seek immediate medical care.
Our team will need any information you can provide us, including your doctor’s assessment, about your injury. It will allow us to determine your personal injury’s classification. Injuries deemed as serious qualify for medical benefits that equal to $1 million as a minimum.
Speak to Your Ontario Personal Injury Lawyers
Personal injury law is complex, so many injured parties don’t bother to seek their compensation or blame themselves for the accident, but this can lead to many problems down the line. Whether you had a slip, trip, or fall at work, our personal injury law firm is here to help you with filing an insurance claim or a lawsuit.
Feel free to contact a Wynperle personal injury lawyer today!