WORKERS’ COMP BENEFITS EXPLAINED

Workers’ compensation is a type of insurance that is purchased by employers for coverage with workplace related injuries and illnesses. The insurance regime is structured in such a way to try and grasp as many injuries as possible. Generally speaking, an injured worker may have to utilize the workers compensation benefits as opposed to suing in tort as compared to, say, in a slip and fall. Sometimes workers may be given a choice to elect between workers compensation benefits or suing in tort.

WHAT IS WORKERS’ COMP?

Workers’ comp is a provincially mandated program consisting of payments which are required by law to be made to an employee in the event that they become disabled or are injured by work-related activity. There is a plethora of case law around what is considered work-related or not, and generally courts tend to lean on the side of most activities being work-related if the injury happens during work hours.

Like accident benefits in a car accident, in most cases, injured victims receive workers’ comp no regardless of who is at fault for the injury. Since the workers’ compensation is essentially a type of insurance, the employee is not able to sue his or her employee in a separate lawsuit. Sometimes an employee can opt out of the benefit regime and start a separate lawsuit, but cannot have both.

Depending on the circumstances and injuries, workers’ compensation may or may not kick-in. For instance, if you are assaulted by another employee, it may depend what the circumstances of the assault are and whether it can be connected to work in some fashion such as what exactly did the dispute stem from.

WHAT DOES WORKERS COMP COVER

It is safe to say, that workers’ comp benefits, as compared to tort, can be modest. Workers’ compensation can cover such things as medical care, replacement income, retraining, and compensation for injuries. Generally speaking, wage replacement is a percentage of the worker’s wage.

I HAVE BEEN INJURED ON THE JOB, NOW WHAT?

If you have been injured on the job you must report your injury to your employer. First and foremost, get immediate medical attention and treatment. Obtain the name and address and contact information of any potential witnesses. Once you have done that, contact a lawyer immediately to provide you with sound legal advice.