Work-Related Injuries or Hurt in a Job?

Rights, Obligations and Tips for Worker’s Comp Situations

It is an unfortunate fact about life that an accident can happen at any time and at any place – including work.

  1. Rights and Obligations After a Workplace Injury
    A workplace injury lawyer can advise you of your rights and obligations as an injured worker and the rights and obligations of your employer, and can protect and safeguard your interests.

    A comprehensive overview of these rights and obligations is beyond the scope of this article. However, here is a brief summary:

    The employer’s duties include: to provide transportation to a healthcare facility (if required); to report the accident to the Workplace Safety and Insurance Board (WSIB); to continue regular employee’s benefits; to return the worker to the same or a similar job after they recover; and, if the worker returns to work with a disability, to provide them reasonable accommodations.

    If the worker files a worker’s compensation claim, the worker’s duties include: to cooperate with the employer and WSIB; and to report to the WSIB any changes in their health or financial situation. The WSIB will decide if and when a worker may return to work.

    Your lawyer can advise you of remedies that may be sought if the employer fails to discharge one of its duties; e.g. by seeking penalties from the WSIB if you are not reinstated when you have a right to reinstatement.

    These rights and duties are subject to a number of conditions.

  2. What You Should Do After a Workplace Injury
    Give yourself first aid if needed and, if it is insufficient to treat your injury, get medical care at your family doctor’s office, hospital or clinic. 

    If you meet with a doctor, you should advise them of three things: that your injury arose while you were at work; the circumstances surrounding your injury; and confirm with the doctor that they will send their report to the Worker’s Compensation Board.

    An injury can either be acute (in other words, immediately apparent) or latent (that is, show up at a later point in time). Report your injury to your employer as soon as possible.

    It is pragmatic for you as an injured worker to keep records of the date and time of the accident, the names of any witnesses who observed the accident, the name of the supervisor to whom you reported the accident, healthcare visits, Worker ‘s Compensation Board conversations, and meetings with your employer. It is a good idea to record this information as soon as possible and to keep your records in a safe location.

  3. Utility of a Lawyer
    You may wonder if it is gainful to hire a lawyer to handle your worker’s compensation claim. There are a number of reasons to suggest that it is. 

    First, claims can be complex. For example, if your workplace injury occurred while you were using a motor vehicle, you might be put to an election between either a workplace compensation claim or a combination of a tort claim for negligence against the at-fault driver and an accident-benefits claim against an insurance company. A lawyer can help you to make a well-informed decision on what path to take by outlining to you the advantages and disadvantages of each course of action.

    Second, a lawyer, as a professional obligation, from the very beginning, has to ensure that he or she has no conflict of interest; and on a continuing basis, must maintain standards of candor, integrity and loyalty. These Ontario standards for lawyers help ensure that the advice you receive from your lawyer is independent and unbiased. This means that a lawyer’s advice is a better recommendation to rely upon, than, say, someone at your workplace who may hold a bias.

    Third, a lawyer is adept at legal procedures. If you are unsuccessful with your initial claim, you may think that that is the end. However, your lawyer can advise you about the option of, and the know-how of how to pursue, appeal routes to take your rejected claim to a higher tribunal.

    Lastly a lawyer experienced in workplace compensation claims will work to make certain your forms are completed in a correct and timely manner, which will boost your odds of victory.



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