Workplace injuries are fairly common. From spills in a break room to ice at an entrance, any worker can experience a slip-and-fall accident without warning.
After absorbing the shock of a workplace accident, you might start to wonder, “Can I sue my employer for a slip and fall?” Our Hamilton and Guelph personal injury lawyers can explain your rights and help you understand whether a workers compensation claim or, in limited cases, court action may be available.
Claim Workers’ Compensation Benefits
Before considering whether to sue the employer, it’s important to understand how workers compensation works.
When you suffer workplace injuries, including a slip and fall injury, you and your employer can file a workers compensation claim with the Workplace Safety and Insurance Board (WSIB). These claims are typically covered under Ontario’s provincial insurance board system.
Through WSIB, injured workers may receive workers compensation benefits for lost wages, approved medical treatment, and, in more serious cases, rehabilitation costs. You may not need to prove employer negligence. You may need evidence that the work related injury occurred in the course of your employment.
Keep in mind, once you file with WSIB, you might not be permitted to start a personal injury lawsuit against your employer generally for the same incident.
If you are unsure which path applies to your situation, we offer a free consultation to review the circumstances surrounding your case.
File a Lawsuit
According to the WSIB, you may be able to sue your employer if they don’t have WSIB coverage, or if you are a Schedule 2 employee and the injury involves a third party. In the latter cases, a third party may be another contractor or property owner who may have created the unsafe condition that led to your slip and fall claim.
Each case turns on the specific facts such as who controlled the space, who created the hazard, and whether the injury arose from a broader workplace accident or a distinct unsafe condition.
If you are a worker who sustained an injury that was due to your employer’s reckless or intentional behaviour, you may be able to file a lawsuit even if you have already sent a claim to the WSIB. Our law firm can step in and get you help.
We encourage you to book a free consultation with a DWA Law slip-and-fall lawyer in Hamilton. We can evaluate your case and provide you with suggestions on your next step and help you get the benefits you deserve.
Suffering a Work-Related Injury on Private Property
Some employers own the building where employees work and they are required to maintain a safe workplace, according to the Occupiers Liability Act.
If the property is not built to code or not kept clean and safe, you are within your rights to sue your employer if you experience a slip-and-fall or another type of accident.
Each case is unique, so be sure to seek legal advice from a slip-and-fall lawyer in Guelph to confirm that you have a case against your employer.
Your Right to Compensation After Slip-and-Fall Injuries
A slip and fall accident at work can result in serious injuries such as traumatic brain injuries, broken bones, torn ligaments, and other pain and suffering that affect your ability to earn a living and prevent a return to the same role. We regularly see cases involving traumatic brain injuries, fractures, and spinal damage, along with ongoing pain and suffering.
If you experience a fall at work, seek medical attention promptly. Complete an incident report, preserve medical records, and if possible, gather evidence from the accident scene and keep detailed records of medical expenses and lost income.
If a civil claim is available, the focus is on seeking compensation that reflects the impact of the injury. Injuries deemed as serious may qualify for medical benefits that might be equal to $1 million as a minimum.
Speak With Experienced Personal Injury Lawyers
The paperwork, deadlines, and questions from insurance companies following the fall injury can leave many workers feeling overwhelmed.
Our role at DWA Law is straightforward. We listen, review the documents and assess the facts meticulously, and provide practical legal representation grounded in experience handling personal injury cases, including slip and fall cases and motor vehicle accident claims across Canada.
If you would like to speak with a personal injury lawyer about your situation, contact our office. We can help you understand your options and decide on the next step with clarity.
