If you are injured at work, you may be able to sue the wrongdoer. If you are covered by WCB, generally it is not possible to sue for injuries sustained on the worksite. The WCB legislation was designed to protect employers from lawsuits by employees for injuries incurred at work. The ‘consideration’ for taking away an employees’ right to sue was the granting of WCB benefits. Essentially the WCB steps in as an insurer and pays for any medical expenses and return-to-work programs for the injured employee. The WCB does not, however, pay anything for ‘pain and suffering’.
In certain circumstances you may be able to sue a wrongdoer even if the injuries occur at work. One such example is where a machine has a manufacturing defect and that defect causes the workplace injury. The claim by the injured worker would be against the manufacturer of the machine, rather than against the injured worker’s employer. If your industry is not covered by WCB legislation, you may also be able to sue your employer for workplace injuries. If you have suffered serious injuries at the workplace and are unsure whether or not you may have a claim against your employer or others, call a lawyer.