If you’re an employee working in the modern world, you’ve probably heard of workplace injury previously. As regular workers, people are susceptible to all sorts of dangers which they might not intend. This means that workplace injury has become more prevalent than ever before.
The Workplace Safety & Insurance Board (WSIB) states that if an employee is injured while serving the employer, he or she is entitled to some form of compensation. Why is that? There are several reasons why an employer must pay for a workplace accident.
1. The employee was working to raise the employer’s business. In this case, if the business can reap benefits from the employees’ good conducts, it should be held liable for the employee mistakes as well.
2. The employer may have greater funds and more money. This indicates that holding the business financially responsible will be fairer to the victim.
Now, there are specific instances where the employer can be held liable for the injuries. Let’s go through two major instances and try to point out if it can be considered as a workplace injury.
Injured During Commute To Work
In most cases, injury during a regular commute to work is not considered to be a workplace injury. There are several reasons for this. One reason for this is that you’re not in your regular shifts. This means that during the time of the accident, you were not working for the company and you can’t regard the injury and demand for workers compensation.
To simplify, you can’t file for a workplace injury case if you are:
- Commuting to or from work
- Running personal errand
- Committing a crime
- Breaking the rules
- Driving the company’s car but not actively working on a task
However, there are situations where you can find someone else who is liable for your injury. For example, if you’re injured during a bad road sign, you can surely sue the local contractor or the government as to fix these issues.
Injured During Commute For Work
Now, what happens if your employer asks you to go on a business duty and you’re commuting to that work? There can be such instances where you’re off to work in your personal or company’s car and meet with an accident. In most cases, you will surely be able to hold the employer accountable for the accident and demand for workplace injury compensation.
There can be a number of potential scenarios that may arise. Let’s go through some of them!
1. You’ve caused the accident, and it is within your insurance. In such cases, you’ll be held liable for the accident and the costs will be billed directly from your insurance.
2. You’ve caused the accident, but the cost goes beyond your insurance. In this case, you will still be held accountable, and sometime you may have to pay for the whole damages. In some cases, however, there have been instances where the employer pays for the damages from their own insurances.
3. If someone else caused the incident. During this incident, you will be able to sue the other party for the damages and ask for workplace injury compensation to help you cover the lost wages during such accidents.
4. Your employer caused the accident. If such an incident arises, you will be able to sue your employer for the damages done and ask for workplace injury as well. The employer is bound to meet with all your claims as well as compensate you accordingly.
Vicarious Liability
In workplace injury law Toronto, it’s strictly instructed that employers should take responsibility for their subordinates (employees) during times of employment. Such negligent actions could be anything that results in minor or major injuries in the employee or third parties.
If you’ve injured yourself during an event and want to demand for workplace injury compensation, you must at first address the following questions:
- Did your employer benefit from your actions?
- Were you on the job during the time of the accident?
What’s Next?
Now, if you’re sure of the workplace injury and you’re ready to demand for compensation, you must consult with a workplace injury attorney and discuss your terms. The attorney will go through your case and check to see if you have a valid point before you’re actually filing for compensation.
Moreover, the attorney will also help you get WSIAT Representation and WSIB Representation so that all matters pertaining to your claims are pursued to your behalf. Also, they’ll gather all the information they need to win the case for you, so you don’t have to worry much after filing the official complaint.
In such cases that you injure yourself during work, it is highly recommended that you consult an attorney even before you file a complaint. This will surely increase your chances of winning the case.
