You’ve been injured in a car accident while working. You’ve heard that there are two options for recovering compensation—a workers’ compensation claim and a personal injury claim—but you aren’t sure which option is right for you.
Understanding the differences between the two options will help you make a wise choice. In today’s article, we’ll explore some of the key differences and factors to consider. If you want more information or advice, get in touch with us for a free case evaluation. One of our experienced personal injury lawyers can review the facts of your case and recommend the legal action that’s right for you.
Workers’ Compensation Claims vs. Personal Injury Claims
Burden of proof
The first major difference is the burden of proof. If you were hurt in an accident caused by someone else’s fault or negligence, you can bring a personal injury lawsuit against the wrongdoer to obtain financial compensation for your injuries. To win your personal injury claim, you must provide enough evidence to prove liability on a balance of probabilities (i.e., that the other person’s negligence or recklessness caused or contributed to your injuries).
A workers’ compensation claim, on the other hand, does not require proof of fault or negligence. The Ontario workers’ compensation insurance scheme is designed to avoid court and streamline workplace injury claims. It does so by removing the question of fault from the equation when the accident, illness, or injury is workplace related. That means you are entitled to workers' compensation benefits even if you’re partly or entirely at fault for your work-related injuries.
Benefits
You may now be wondering: Why bother with proving fault in a personal injury lawsuit if you can make a workers’ compensation claim without having to prove fault or negligence? The answer is tied to the types of benefits you can claim.
When you make a workers’ compensation claim, you don’t need to prove fault, but your entitlement to benefits is generally limited to wage loss and medical expenses. Compare that to a personal injury claim, which requires you to prove liability but allows you to claim for a wider range of compensation, including the potential of significant damages for pain and suffering.
There’s another aspect to consider. If your injuries arise out of a motor vehicle accident, you’re entitled to claim for Statutory Accident Benefits and you can bring a personal injury lawsuit. Conversely, you can’t claim for Statutory Accident Benefits if you opt to receive workers’ compensation benefits.
In many situations, a person will receive far greater compensation by electing to sue rather than claiming through WSIB. If you’ve been seriously injured, the personal injury claim route will be the more lucrative option. There are likely greater benefits available to you and you are entitled to claim for more comprehensive financial compensation.
Timing
As you’ve likely noticed, there is a trade-off at play. Workers’ compensation claims don’t require proof of negligence and don’t require another person to be at-fault, but if you choose the WSIB route you give up the right to sue another party for damages and you can’t bring a Statutory Accident Benefits claim. Timing is another factor that distinguishes the two options.
Workers’ compensation claims tend to be more streamlined and more quickly processed, which means you’re likely to get money in your pocket sooner for lost wages and medical expenses. Personal injury litigation is not as speedy. It may take months or even years for you to receive personal injury compensation.
On the plus side, if your injury was caused by a motor vehicle accident, you can claim Statutory Accident Benefits to cover your income loss and certain expenses (e.g., medication and treatment costs, housekeeping expenses, childcare expenses), which will provide you with some financial security in the interim while your personal injury lawsuit is being resolved.
Limitation Periods
There is another timing aspect that differs between these two types of claims. The deadlines or “limitation periods” are not the same for personal injury claims and workers’ compensation claims. If a limitation period is missed, you may lose the right to bring your claim.
While a full discussion of the relevant limitation periods is outside the scope of this article, one of the crucial deadlines to be aware of is the deadline to make your choice about which option you want to take. WSIB legislation stipulates that a worker must elect between a workers’ compensation claim and a personal injury lawsuit within three months of the date of the workplace accident that caused the injuries. If notice of the election is not given within that time period, the worker is deemed to have elected to receive WSIB benefits.
What if you’re already receiving workers’ compensation benefits and get advice from a motor vehicle accident lawyer that you should instead pursue a personal injury claim? depending on time timing, you may be able to “de-elect” but you will likely have to repay amounts you received to WSIB—yet another factor to consider in the quest to protect your rights and ensure you receive maximum compensation for your injuries and losses.
GUIDANCE FROM AN EXPERIENCED PERSONAL INJURY LAWYER IN SAULT STE. MARIE
Wherever you may be in this overwhelming process, Feifel Gualazzi is primed and ready to step in. A motor vehicle accident lawyer from our law firm can provide you with a free case evaluation and advise you on the best option for securing maximum compensation.
Contact us today to learn how we can help you navigate Ontario’s injury claims process and maximize your compensation.