JonboyE

If this happened in BC the OP would have no possibility of a claim against the employer. Provided the employer had a WCB account and it was in good standing the employer is immune from liability or compensation claims. WCB pay compensation in the form of medical expenses and wage loss benefits. WCB will also investigate the circumstances of the accident. If they deem the employer to have been at fault they will fine the employer.

I will be surprised if it is any different in Ontario. The OP should check this before trying to start an action on their own.

Alan2005

The state underwriting the liabilities of private companies eh? Why does this not surprise me...

Auld Yin

It is my understanding that in Ontario if one applied for and collects WC benefits one waives the right to sue the employer. In other words the injured employee can't have it both ways.

el_richo

Quick question.

Are you typing with your face?

.

Almost Canadian

The employers pay premiums to the WCB and, if and when they have a claim, their premiums increase. It was my understanding that it was self funding, so "state funding" so to speak.

Almost Canadian

True to a certain extent, but the choice is not the employee's. If it is the same as Alberta (and I suspect it is) the employee can only claim via the WCB and can then only go against the employer if the accident was not a work related one. The employee cannot choose not to pursue a WCB claim and sue the employer - jurisdiction is with the WCB.

Alan2005

Sure, like ICBC and CHMC. Self funding, but underwritten by tax-payers.

el_richo

It's what makes Canada great

.

amrskipro

Not entirely accurate, in BC the worker has a period, 90 days I believe (but I would need to check my paperwork), where he/ she can decide to take legal action. If the worker does decide to take legal action WCB will stop paying wages and costs (and try to recover any funds already paid out). It depends on what the circumstances and one's personal finances are (ie if you have lots of savings and can wait a long time for a payout).

My experience is that WCB (BC) are definitely in the game of spending as little money as possible and pushing to get the worker declared fit for work as soon as possible. So don't say you are 'fine' or 'great' when you speak to any of your medical support personnel or your case manager, tell them that you are in pain, suffering from a loss of mobility, independence, dignity etc.

If you think someone or an organisation contributed to either your injury or your pain and suffering then you can take legal action. At the end of the day it is 2010 and you are in Canada, if you think someone is at fault and you have not been fairly compensated for your pain and suffering etc then you can take legal action. You just need to find a lawyer smart enough and good enough to take on a company and or WCB.

markan

I had casts removed from both hands last Thursday, the pins stay in.But I can type with my face, my ears, my toes, my tongue, my nose, my arse, my elbows, my knees and who knows what else if I really tried.

JonboyE

When you're covered by WorkSafeBC insurance, you're protected against lawsuits from injured workers. If a worker is injured or contracts an occupational disease while on the job during the course of employment, WorkSafeBC covers the worker's medical and wage-loss costs.

http://www.worksafebc.com/insurance/...ge/default.asp

The Act guarantees:

* Protection from lawsuits
* Wage loss compensation for your injured workers or their dependents
* Vocational rehabilitation for your injured workers
* The right to an appeal if you don't agree with a WorkSafeBC decision


http://www.worksafebc.com/insurance/...bc/default.asp

aka lying and cheating.

JonboyE

It is not a Canadian thing - it is pretty much the rule in the Sates as well.

In the UK the welfare state underwrites private company liability.

In North America it is recognized that workers do not the capability to take on a corporation in court to recover rightful compensation. The WCB system ensures that all employers pay towards the cost of benefits for injured workers - and that the companies with the best health and safety records pay the least. Also that employers that do not provide safe working environments are fined.

As said above, WCBs are fully funded by employer's premiums. The liability is only underwritten by the government to the extent that the government legislates the WCBs into existence. That is a fit and proper thing for governments to do.

Alan2005

I would say that prohibiting individuals from taking companies to court for negligence is not a fit and proper thing for governments to do. WBC seems to be as much a protection racket as it is insurance if individuals are actively denied the ability to pursue incompetent/negligent employers through the courts.

I don't know why people defend the crown corps so much. I can't think of a single instance of one that should not just be replaced by the private sector operating under licence using the right legislative framework (the CMHC is the worst of the bunch - propping up bank profits with my taxes - those buggers). How would you feel if an accounting crown corporation was legislated into existence; everyone has to pay taxes after all but not everyone can afford an accountant, so it would only be fair

amrskipro

Actually - first do not imply that anything I would write would recommend lying and cheating - you do not know me, my background or my morals and ethics. I could easily conclude that such thoughtless comments just confirm to other forums users that you match a certain character profile. Keep your 'clever' repartee to yourself in future.

This is a forum aimed at helping UK Expats and as a rule we (British - certainly English) tend to understate things which is a serious cultural difference when one is no longer dealing with UK medical system but a North American one that tends to take what one says literally with no reference to tone or dry under statement. Medical professionals take notes, especially for reporting progress to WCB and if your notes just say 'fine' when actually you are in some level of life disrupting pain for most of the day then you are not doing yourself any favours.

So not lying or cheating but an accurate relaying of the fact that most serious injuries create a significant level of pain, disruption and general reduction of life quality and lost recreation opportunities during rehab that WCB does not recognise and compensate for.

Saying that you cannot sue someone because there is an Act is as lame as saying you cannot sue a ski hill because the skier signed a waiver. In fact you sound like you work for WCB.

At the end of the day anyone can challenge anything the general law of natural justice generally takes precedence over any other law, it just takes deep pockets, an imagination slightly broader than yours and a good lawyer with some cajones and experience in challenging the law, public bodies and litigation.

R I C H

Jon quoted you word for word:

You're implying that stretching the truth, not being honest about how you feel or misleading medical personnel is ok. If you didn't mean that, then you need to address your communications skills. I drew exactly the same conclusion as Jon, so you also need to wind your neck in.