In Ontario, workers’ compensation exists to offer benefits to employees in the case they are injured on the job. Workers’ compensation benefits are meant, in theory, to quickly and efficiently offer financial aid to employees who have suffered injuries in the course of employment without having to sue the employer. These benefits are available to all employees, regardless of how they are hurt.
But with this quick and easy approach, an employee in most cases gives up the ability to sue the employer for any work-related injuries. Some industries are exempt from requiring workers’ compensation coverage. These are dentistry, banking, and insurance.
It should be noted that workers’ compensation is viewed differently between employees and independent contractors and will have an effect on whether you are entitled to these benefits in the case of an injury. As an independent contractor, you may have no claim to workers’ compensation benefits in the case of an on-the-job injury. The law may make a very different distinction between what you consider yourself as and what the law considers you.
In some instances, an employee can elect to bring a lawsuit instead of pursuing a workers’ compensation claim. In this case, the worker must have been injured on the job by a negligent third party who does not work directly for the employer. In this case, an injury lawyer in Oakville should be consulted for the appropriate legal advice.
A suit against the third party could involve anything from a private party if you are doing work on a residence to the manufacturer of a faulty piece of equipment. In these cases, as an employee who is injured on the job, it may be wise to consider the consequences of electing to pursue a suit in lieu of workers’ compensation. There are many limitations to bringing a lawsuit and a personal injury attorney in Oakville will be able to give you the appropriate legal advice of the laws pertaining to your circumstance.
After an on-the-job injury, it is important to make the right decisions about your financial future. When you consult with a legal representative, many things will be analyzed such as whether you are entitled to workers’ compensation benefits or whether you are entitled to elect to pursue a lawsuit. If you make the wrong decision, you may lose your rights to compensation. Under the Workplace Safety and Insurance Act, you must file for workers’ compensation benefits within 6 months of the injury. But if you miss this deadline, you may be entitled to file for an extension.
If you have sustained an injury as an employee, it is best to get the appropriate legal advice from an Oakville personal injury lawyer to make sure your rights are being represented. At AG Injury Law Office, we offer a no-cost initial consultation. Call us today to understand what your rights are after an on-the-job injury.
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