Aviator

Once can sue who one likes, how successful one is likley to be is a whole different thing. Most business have liability insurance, and insurance companies have very deep pockets and a raft lawyers with plenty of 'cajones' and experience in such matters, as do WCB. Going up against an insurer or WCB is not where I would choose to spend my $$$.

If a company is at fault, a WCB investigation would likley find it. If a company is exonerated by WCB, this would lessen the chances of success of a civil suit against WCB or an employer.

'The workers’ compensation system in B.C. is a no-fault insurance system that
protects employers and workers. Employers registered with WorkSafeBC pay
premiums that fund the system and in return cannot be sued for the costs of
a work-related injury, disease, or fatality. Workers who sustain a work-related
injury or disease receive compensation from WorkSafeBC for medical and wageloss
costs. In B.C., as with all provinces and territories in Canada, workers’
compensation is mandated to provide insurance that covers work-related injuries
and other incidents as legislated in the Workers Compensation Act (the Act).'

amrskipro

What are you guys some mutual support team - I was not implying stretching the truth and if your side kick had a question about what I meant exactly he could have asked it or PM'ed me rather than make an incorrect and defamatory allegation on the forum.

When it comes to the written word, ie emails and forums, people tend to subconsciously colour or make an interpretation of what a sentence or paragraph means based on their own moral or behavioural code.

To quote yourself - wind your own neck in.

amrskipro

The Aviator - I would totally agree however there is a point where incompetence should not be protected by an 'Act' ie I can be as lazy about delivering any meaningful service as I want because I am protected by the 'Act'. I guess it depends on one's resources and what the long term pay out would be.

It is obviously going to be weighed up directly against the real pain and suffering from the injury and the injured parties' perception of the difference between what WCB pay and what he or she thinks they deserve.

In matters of law, as in many areas of life, too many people give up or don't try in the first place because they do not believe that they can succeed.

R I C H

It's a public forum, I'm entitled to express my opinion and comment on your and other posters points. Jon's allegation seemed perfectly reasonable given your clear statement, and I stand by my opinion which happens to be similar.

My reputation for honesty and clarity isn't in question here, so my neck's good, thanks

JonboyE

Which is a better argument for the WCB system than anything I came up with.

amrskipro

I am sorry that the thought of someone hard working who has earnt a decent sum of money and is willing to spend some of it to do what is right offends your little socialist sensibilities.

No company or individual should think that they are above been held accountable because they think that they are protected by some government Act.

amrskipro

My 'clear' statement - which he misinterpretted and then made an allegation without seeking clarification - great way to operate.

The fundamental idea behind this forum is to share ideas and experiences in order to facilitate the expat experience for other forum users - it is not designed for bored surfers like you to make personal judgements about other users.

If you had a question about a post ask it, publically or privately, either way other forum users would then benefit from the clarification.

You obviously think you are a forum hot shot but I can and will now always differ from your own (overinflated) opinion of your own ability.

mandymoochops

But in the same vein everbody needs to be accountable for their own actions, and come clean about the causes surrounding it.

(This is not an implication that the OP is beng anything other than truthful btw).

To suggest that deep pockets, a good lawyer, some loopholes and some carefully placed grunts and groans is an acceptable way to get money to some people is what is in question here.

You yourself must not believe that 100% of all compensation claim cases won, have been 100% truthful?

JonboyE

I understand your libertarian standpoint and don't disagree with what you say, given an ideal world.

In a less than ideal world I don't think private insurance on its own meets the reasonable needs of ordinary people. In the UK the worker has to/has the right to sue the employer for compensation but can rely on the benefits system to keep body and soul together until the claim is settled.

In North America the worker gives up that right but has ready access to compensation without the need or the expense to initiate, fund and sustain legal action. Having been through it as an employer a WCB inspection is no bed of roses.

I am not saying either way is better than the other, just that both seem to work reasonably well in their own way.

Aviator

WCB works more for the employee than the employer. How much one has earned is irrelevant. Employees should be equally accountable, unfortunately they rarely are. Accidents do happen through employer negligence, they also happen due to just being unfortunate accidents and also down to the negligence of the employee.

Rarely, if ever is an employee held accountable, even if they failed to abide by company safety rules.

R I C H

Why not write with clarity and therefore no room for misinterpretation? It'll save you having to subsequently defend, justify or retract later on. If you leave room for interpretation then expect opinions and arguments to counter your intended train of thought.

I made no personal judgement, I made a judgement on your post. There's a subtle difference.

I'm not clear about what ability of mine you're referring to, but it's interesting to know you're now taking an entrenched stance.

JonboyE

Although I am not sure it is the fundamental reason certainly one of the best things this forum can do is to help other expats by providing helpful and usable information.

I understand your argument that no one should be prevented from seeking legal redress for other people's negligence. It is a perfectly reasonable argument. However, it is not the case in this situation. Giving misleading advice based on what you think should be the situation, not the reality, is the opposite of being helpful.

JonboyE

You have since clarified that you are not encouraging people to misrepresent their injuries to gain a financial advantage. Therefore I apologize if I misinterpreted your post.

el_richo

To clarify, do you mean your cheeks or your hole?

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el_richo

Reads like you're advocating lying to me in order to get as much from the "system" as possible.

I'm often confused by these types of statements. How do people calculate, financially, pain and suffering etc, on top of, for example, therapy/rehab costs?

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