Workplace injuries can be a frustrating experience for any type of worker, but this is especially true for those who sustain serious physical damage that could leave them unable to continue their employment following rehabilitation. Employers are not always compliant or truthful when filing an injury report because they know that injury claims can impact workers’ insurance rates; even worse, when the injuries are debilitating and the employer could be found guilty of workplace safety violations, they often take an immediate adversarial position against the injured worker. This always spells trouble for the injured claimant, and having an experienced workplace injury attorney will always be a necessity. If you live in Toronto, you can easily find a workers comp lawyer to consult concerning WSIB cases and the process by which appeals are submitted with proper documentation for best results. Here are three things to remember when you have been injured on the job.
Employers Can Be Deceptive
Although the WSIB will make the final determination, your employer will also be involved if they are initially compliant and acknowledge the injury. Sometimes alternative work duties can even be offered when injuries are not serious, which could in turn impact the value of any claim. The only situation in which an employee has the right to refuse is when the conditions are unsafe. Situations like these are exactly why injured workers should speak with a compensation advocate as soon as possible following a workplace injury, as well as their family doctor.
Injuries Can Occur Without Accident
Repetitive motion injuries are very common in certain industries – especially construction – and do not always manifest due to a specific accident. Back injuries are easily the best example of these injuries, as they often take a long time to develop and result in long-term disability. Many times employers will attempt to defend these cases vigorously. In addition, the WSIB may take a much closer look at the injury claim, often resulting in a denial of benefits (though you can always appeal). These types of cases are always complicated and require the expertise of an experienced legal counselor who can craft a thorough case for fair compensation.
There May Be Other Claims
Depending on the material circumstances involved with a workplace injury, there is the possibility of additional financial damages available in the case of as a defective product that led to an injury. Equipment manufacturers are held to a strict liability code when defective product cases are evaluated, meaning the injured plaintiff’s legal counsel is not required to prove negligence on the part of the manufacturer. The employer can often be sued as well, but this may be protected by WSIB restrictions on suing employers. Both legal processes will require aggressive legal representation because product liability cases are usually strongly defended by corporations with deep pockets.
The Canadian workers’ safety insurance program is designed to deliver benefits for the injured worker quickly, while protecting employers from being sued for negligence in the workplace. Even though it is designed to work seamlessly, the truth is it rarely does. It is always vital when problems arise to consult with an experienced workplace injury legal professional who understands your full rights to fair compensation.