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Injured on the Job – Can I Sue for Personal Injury Damages?

On-the-job accidents can happen to anyone at any time, even in jobs many consider safe.  Last year, 198,617 Ontario workers reported workplace injuries to the Workplace Safety and Insurance Board.

Ontario’s workers’ compensation system, administered by the Workplace Safety and Insurance Board (WSIB), is designed to get your life back on track after an injury at work.   Workers covered by the Workplace Safety and Insurance Act, 1997, (WSIA) may be entitled to receive health care benefits, lost wages and/or have an adjusted work schedule, depending on the circumstances.

Can I Sue for Personal Injury Damages?

You cannot receive WSIA benefits and also sue in court for personal injury damages. Depending on your individual set of circumstances, one of the following three scenarios will apply to you:

  • You are barred from suing and have to proceed under the WSIB scheme;
  • You are not covered by WSIA and therefore, can sue to recover any personal injury damages; or
  • You have the option to sue or proceed under the WSIB scheme.

There are limitation periods and  important timelines whether you are proceeding under WSIB or if you are suing in Court. As well, if you have the option to proceed under WSIB or sue, the legislation states that this election must take place within 3 months of the accident.

If you are involved in a workplace accident, it is important for you to know your rights. Furthermore, if you have the option of making an election to claim WSIB benefits or sue for personal injury damages, you need to be aware of the benefits and drawbacks of each of these options.

Talking to one of our Ontario Injury Lawyers is a first step you can take to better understand your options. Our lawyers are familiar with the WSIB legislation and are available to speak to you in person or in a one on one free, no-obligation consultation.

Call 1-800-563-6348 or contact an Ontario Injury Lawyer today.


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