If you are injured while working in Ontario you may be eligible for “no fault” benefits payable under the Workplace Safety and Insurance Act, 1997 (the “Act”). In exchange for giving up the right to sue most Ontario workers now have access to wage loss benefits and health care benefits if they are injured while working. These benefits are administered by the Ontario government and funded through premiums paid by most of the province’s employers.
The benefits available under the Act are not insignificant. It is also a positive thing that the benefits are available regardless of who is at fault for the injury. However if a worker is injured as a result of someone else’s negligence, the benefits available under the Act are often far less than what the injured person would be eligible for if they had the right to sue.
The good news is that the loss of the right to sue is not total. For example, if you are injured while driving a car for work, with limited exceptions, you still have the right to sue the other driver. Each case involving a work related injury is different and the system is complex. If you are injured while working it is important to speak to a lawyer who can explain your legal rights.