Whether it is a result of a slip and fall, an assault, a motor vehicle accident, or another type of accident, many people suffer injuries while working. If a person in British Columbia is injured while working, the worker should be able to recover some of their losses related to the injury. If the injured worker dies, the worker’s dependents may be able to recover losses on behalf of the deceased.
When a worker is injured, the primary question that will determine the type of compensation that can be claimed is whether the party that caused the injury or death was working at the time.
Types of Claims
In British Columbia, a person who is working at the time of the injury cannot make a claim against another individual working at the time of the accident or his or her employer. Instead, the injured person must claim through WorkSafeBC to recover any losses that he or she suffered.
However, if a person is injured while working and the other party involved is not working at the time of the accident, the injured party may be able to choose to recover any losses through WorkSafeBC or through a personal injury claim (i.e. a Court action).
A WorkSafeBC claim will compensate you for part of your wage loss or future income loss while a personal injury claim provides compensation to the full extent of all provable losses. In addition, a personal injury claim allows you to make a claim for pain and suffering, which is not compensated under WorkSafeBC.
Making the Choice
If the option is available to you to make a claim either with WorkSafeBC or to proceed with a personal injury claim, a lawyer can help you determine the best option. You must make this choice within 90 days of when the injury occurred. However, if you choose to proceed with a personal injury claim, you can also preserve your right to compensation through WorkSafeBC by filing the appropriate materials within one year of your injury. You may want to preserve your right to compensation in case your lawsuit is unsuccessful or you receive less money than you would have received through WorkSafeBC.
For any further questions regarding work-related injuries or to schedule an appointment with a litigation lawyer click here.