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Can I Sue My Employer for a Workplace Injury in Calgary?

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Worker helping fellow colleague after he sustained an injury on the job.

The Workers’ Compensation Act (WCA) typically covers workplace injuries in Alberta. Under the WCA scheme, employees suffering from work-related injuries or illnesses are entitled to no-fault treatment benefits. These are provided by the Workers’ Compensation Board (WCB). The WCB governs work injury claims and strives toward a fair resolution for all parties involved. 

This means that, regardless of who caused the on-the-job accident, an injured employee can access necessary medical and financial assistance. Thus, it is generally not necessary or allowed to sue an employer. However, there are circumstances in which suing an employer may be possible.

Allowances for Suing a Negligent Employer

One avenue for pursuing justice against an employer is through a personal injury claim based on an employer’s responsibility to ensure a safe working environment. 

An employer’s responsibilities include:

  • Providing proper training
  • Maintaining equipment
  • Adhering to safety protocols

Thus, a personal injury claim hinges on proving the employer’s negligence or misconduct led to the injury. When an injury occurs on the job, employers are required to report workplace incidents promptly. They must also provide immediate medical attention to the injured worker. 

Employees should notify their employer of any work-related injuries as soon as possible. Employers must maintain detailed records of all workplace accidents in compliance with regulations.

Why is such prompt documentation necessary? Unlike workers’ compensation benefits, which are no-fault, personal injury claims require proving that the injury was caused by the employer’s failure to maintain safety standards or provide proper training.

If an employee can prove negligence or misconduct on the part of the employer, he or she may have a basis for legal action. However, not all workplace injuries automatically qualify for a personal injury lawsuit. 

Are All Workplace Injuries Eligible for a Lawsuit?

You may have grounds for a lawsuit against your employer if:

  • Your employer’s negligence or misconduct directly caused your injury 
  • Your employer failed to provide a safe working environment
  • Your employer did not follow safety regulations or knowingly put you in harm’s way

Not every injury sustained on the job will result in legal action outside the workers’ compensation system. The extent of physical harm and its impact on daily life are important factors when evaluating whether legal action is possible.

Severe injuries increase the likelihood of a successful claim against an employer. This is because serious injuries often result in significant medical expenses, lost wages, and more. Minor injuries may not meet the threshold required to sue an employer.

If you have been injured at work due to reasons beyond your employer’s or a colleague’s negligence, the situation can become more complex. Factors like faulty equipment, third-party involvement, or unsafe conditions unrelated to direct employee actions can impact who may be held responsible for your injuries. These scenarios may open up the possibility of exploring legal recourse beyond workers’ compensation benefits.

Factors to Consider Before Suing Your Employer

Before deciding to sue your employer for a workplace injury in Calgary, several important factors must be considered:

  • The extent of your injuries and how these have impacted your life: Consider whether the injury has caused significant physical or emotional harm, which warrants legal action
  • Whether there is concrete evidence to support your claim against your employer: Documentation such as medical records and witness statements can strengthen your case
  • The financial implications of pursuing legal action: Legal proceedings can be time-consuming and costly, so you must weigh the potential expenses against the expected compensation
  • Options available to you: Consider whether alternative avenues like workers’ compensation benefits could resolve the issue without litigation

Steps to Take After a Workplace Injury

After experiencing a workplace injury in Calgary, take the following actions to protect your health and rights:

  • Get medically evaluated. Seek medical attention right away, even for seemingly minor injuries. Your well-being is the top priority.
  • Report the incident to your employer as soon as possible. Make sure to document all details of the accident and any injuries sustained. This documentation will be essential if you decide to pursue legal action.
  • Gather all relevant evidence related to your workplace injuryEvidence includes medical records, incident reports, witness statements – anything that can support your case. You should document everything meticulously. Keep detailed records throughout your recovery. Track your time off work and any communication related to the incident. A lawyer can assist you in gathering evidence to support your claim. 
  • Consider seeking legal representation from a personal injury lawyer. After suffering a workplace injury, the most important step you can take is to seek guidance from a knowledgeable personal injury lawyer. What if time has passed since the accident? You can still seek the advice of an attorney, but you must act fast since time is limited to file a claim. A knowledgeable attorney can advise you on your rights under Alberta’s work-related injury laws. With the help of a personal injury lawyer, you can file a claim with the Workers’ Compensation Board promptly.
  • Stay informed and involved: If you are pursuing a lawsuit, your lawyer will help draft a formal complaint outlining the details of the incident and why you believe your employer is liable for your injuries. Throughout this process, stay informed about deadlines and requirements set by the court or WCB. Your lawyer will navigate these intricacies on your behalf while advocating for fair compensation for your suffering.

We Stand Up for Your Rights So You Can Focus on Recovery

Have you been injured or contracted an illness at work in Calgary, Alberta? If so, Grover Law Firm is here to help you navigate the complexities of your workers’ compensation claim. We have a track record of successfully handling workers’ compensation claims and are dedicated to seeking justice for injured workers. 

Our team, based in Calgary, Alberta, understands the nuances of local workplace injury laws. With our knowledge of the Workers’ Compensation Act, we can guide you through the process of filing a claim with the Workers’ Compensation Board. 

Or, if a personal injury lawsuit is better suited to your circumstances, then we will make that recommendation. Either way, when we take on your case, we are determined to advocate on your behalf to secure maximum benefits for your recovery. 

If you have been injured on the job and are considering suing your employer for negligence, book an appointment with our team. A Grover Law Firm attorney can evaluate your case and advise you on your legal options. Let us protect your right to fair compensation while you focus on recovering.

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