WSIB Category Archives — Toronto Injury Lawyer Blog Published by Toronto, Ontario Injury Attorney

Published on: September 5, 2024

WSIB and Personal Injury Cases in Ontario

By Goldfinger Injury Lawyers

Personal injury law in complicated.

It doesn’t have to be that way.

But unfortunately, it is.

If you are hurt, or injured on the jobsite, you would think that you could retain a personal injury lawyer and sue. The lawsuit might likely have to be against your employer on account of their negligence, or providing an unsafe work environment. This would make sense and seems like a very logical approach.

But that’s not the way the law works.

In the vast majority of cases, workers cannot sue their employers for a workplace injury. In the majority of cases, the injured party will have to make a claim through the Workplace Safety and Insurance Board (WSIB). Even if the injured party retains a personal injury lawyer, and files a claim against their employer in Superior Court, that claim will likely be dismissed because the Plaintiff does not have the right to sue. They must have gone through WSIB.

A Plaintiff cannot have both a WSIB Claim, and a personal injury lawsuit. In the majority of cases, the Plaintiff does not have a choice. They MUST go through WSIB.

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Published on: February 24, 2023

The WSIB Trap in Personal Injury Cases

By Goldfinger Injury Lawyers

People get really confused about what to do when they sustain an injury in the workplace.

The first reaction for a person who gets injured while on the job is that they want to sue their employer, and everyone else under the sun for what happened to them.

This is a normal reaction and a normal train of thought. It would only seem logical and oh so simple that the injured worker sue his/her employer and anyone else responsible for their work related injuries.

Unfortunately, personal injury law in Ontario is far from logical and far from simple.

You see, because the injury took place in course or work, the employee must take a long hard look at whether or not s/he has to go through WSIB.

But what does going through WSIB have to do with suing for a personal injury case?

WSIB has everything to do with suing for a personal injury case; and here’s why.

You cannot both sue for your personal injuries, and claim WSIB benefits.

Well; if an injured worker cannot sue, and cannot claim WSIB benefits; then why can’t the injured worker just choose one path?

Because the law, in most cases; does NOT allow the injured party to chose. In the vast majority of cases; the injured worker MUST go through WSIB and cannot sue at all! Even if the employer was insanely negligent. I’m talking like sweat shop like labour conditions with zero protective gear and malfunctioning equipment which has been neglected for decades; the injured worker still CANNOT sue their employer if they are covered by WSIB.

If an injured worker tries to sue instead of having claimed WSIB benefits, their case will be kicked out of Court.

If an injured worker sues having not liked the amount of WSIB benefits they received; or having received not enough in WSIB benefits; their case will be kicked out of Court.

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Published on: October 11, 2022

Suing your Employer for a Workplace Injury

By Goldfinger Injury Lawyers

Our law firm gets a lot of calls from injured workers.

They have very serious injuries and wish to sue their employer. They allege that their employer was negligent; allowed for unsafe work conditions to exist which they knew, or ought to have known of; or permitted the worker to use unsafe equipment which needed to be replaced or better maintained.

All of these scenarios, in a non-workplace environment; are grounds for a winning lawsuit by an injured party.

Unfortunately for injured workers; the workplace is NOT a normal environment when it comes to litigating personal injury matters.

Most workers have heard of the Workplace Insurance & Insurance Board (WSIB).

When a worker is injured on the job, s/he has to file a claim through the WSIB to receive benefits. Even if the employer is not registered with the WSIB, the worker needs to file a claim. Some employers are exempt from the WSIB (banks and law firms), but most employers MUST pay premiums into the program.

For many injured workers, WSIB benefits aren’t enough. They want more. They want to be vindicated with a win in Court, or some form of monetary settlement for their injuries.

There is nothing wrong with having these feelings; particularly when the employer could have prevented the injury had they done a better job at protecting their workers and providing for a safe work environment.

Unfortunately the “suing route” via personal injury lawsuit is NOT in the cards for most injured workers.

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