There are times for worker’s compensation forms, and there are times for lawyer-ing up. Here is a quick guide on which option is best for you.
Workers’ Compensation: Temporary and/or Blameless Injuries
Workers’ compensation is a provincial grant program to support workers injured on the job. The government is aware that some accidents happen even in the safest workplaces, and is willing to foot the cost for medical bills and lost wages.
The workers’ compensation process is complicated, but does not necessarily require a lawyer the whole way through. Most compensation agents act in good faith and genuinely want to give out a fair payment for your injuries. This can save you some money in legal fees.
Because of this, if workers’ compensation claims will cover the costs until you are healed and ready to work again, then they are usually the best option. However, that is not always the case. Workers’ compensation often only lasts for a few months, while injuries can last a lifetime. If your lifetime potential has been impacted by the injury, and your employer is to blame, you may want to consider a lawsuit.
Lawsuits are expensive and time-consuming. However, if your charges are upheld in court, lawsuits provide much greater monetary settlements than workers’ compensation claims.
The first step is to consult with a lawyer about whether you have a case. You may have a case if:
If your injury was genuinely the result of any of these people, you may have a case. However, this may vary by province. In British Columbia, for example, you cannot sue even in many cases where your employer is at fault. Other provinces are more lenient. If you think there is even a possibility that you will soon, you should meet with a lawyer to discuss your options.
Time is of the Essence
In most Canadian provinces, you must decide whether to sue or to claim workers’ compensation within three months of the original accident, or risk losing both. If you wait too long and decide to apply for workers’ compensation, you will be denied it.