Suing After a Workplace Injury


May 14, 2021

This is a great question, and it’s one we get asked all the time here at Litco Law. You would expect the answer to be a resounding “yes” but, in Alberta, nearly all work-related injuries fall under something called the Workers’ Compensation Board (WCB). This means that you most likely won’t be able to sue your employer, unless your line of work is exempt from WCB (more on this later). Keep in mind that if you were injured by another person who isn’t under WCB—for instance, a person who is driving and hits you while you’re working—then you’ll likely be able to sue.

It may all seem a bit confusing… but put simply, if you get injured at work, the WCB will compensate you for any work-related injuries or diseases. WCB may cover the cost of things like medical aid and loss of income while you are recovering. The amount of compensation you’ll receive depends on the seriousness of your injuries and whether you need to take time off from work. We recommend that you keep a detailed record of everything that happened and your injuries to ensure that you are able to prove your claim.

Keep in mind that not all employers and employees are covered by the Workers’ Compensation Board. There are a few industries such as optometry, massage therapy, golf services and more that are exempt from WCB. You can also check with your employer or WCB to find out if you are covered.

If you have been injured at work and feel that you are not receiving fair compensation from the Workers’ Compensation Board, your workplace is exempt from WCB, or the other party isn’t covered by WCB, it’s a good idea to speak to a lawyer. At Litco Law, it won’t cost you anything to talk to a Personal Injury lawyer. Give us a call or email, or send us a message in the chat! We’ll always get back to you within 24 hours, or by the next business day on weekends. If we don’t hear from you, we wish you a speedy recovery.

 


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    IMPORTANT! If you agree to an insurance company’s settlement offer, you give up your legal right to pursue a personal injury claim. It is best to assess the full extent of your injuries and how they will affect your life before you accept an offer. Please note that you have a maximum of two years from the date of the accident to file an injury claim in Alberta.

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