Best Business Attorneys in Kanata, ON

New post: Injured as a Worker in Ontario? A WSIB Claim Isn’t Necessarily Your Best— Or Only— Option - In Ontario, the compensation of workers who sustain injuries or illnesses in the course of their employment is governed by the _Workplace Safety and Insurance Act_, 1997 (the "Act"), with claims under the Act administered by the Workplace Safety and Insurance Board. The Act is premised on a trade-off: injured workers gain access to benefits under the Act on a no-fault basis in exchange for restrictions on their right to bring tort claims against their employers and certain others. However, the restrictions against tort claims under the Act are not absolute.The Act contains an election mechanism as set out at section 30, allowing workers in some circumstances to opt for a tort claim against instead of a claim under the Act.In the language of the Act, workers in such circumstances are said to have "concurrent entitlements." While the better choice for an injured worker will depend on the facts of each case, the exercise of an election to pursue a tort claim when available can potentially lead to greater compensation. The above does not apply to independent contractors, executive officers, sole proprietors or partners in a partnership who, by default, are not considered to be "workers" under the Act and do not have coverage.For those in such roles, the Act imposes no restrictions as to who can be sued in relation to work related injuries. WHEN IS AN ELECTION AVAILABLE? ...