If you were injured while at work, you have the right to be compensated by either:
• bringing a tort action ; or
• claiming compensation under the Workers Compensation Act.
This election applies only if the person who caused your injury was not a worker or acting as part of their employment.
If both you and the other person were working then the only compensation available is through the Workers Compensation Act.
Example 1:
Joe is a truck driver who is injured while making a delivery as part of his job. His truck is rear-ended by a car driven by Eric, who caused the accident. When the collision happened, Eric was driving to work. How can Joe be compensated?
Because Joe was working at the time he was injured, and because Eric was not working (driving to work is not the same as being at work), Joe can elect to bring a tort claim or recover under the Worker’s Compensation scheme.
Example 2:
Joe is a truck driver who is injured while making a delivery as part of his job. His truck was rear-ended by a car driven by Eric, who caused the accident. When the collision happened, Eric was delivering pizza for his employer. How can Joe be compensated?
In this situation, both Joe and Eric were working at the time of the collision. Therefore, Joe may not bring a tort action and his only claim is under the Workers Compensation Act.
What’s The Difference?
Tort Action
A tort action claim gives you the right to potentially recover full compensation for your injuries and loss.
Worker’s Compensation
A claim under the Worker’s Compensation regime bars any legal action the victim may have against the party at fault, which means a bar to recovery of pain and suffering awards, future loss, and other potentially significant awards.
There are benefits to either compensation plan depending on your situation. You may want to speak to an experienced lawyer to determine which scheme is more advantageous to you.