July 21, 2015
A British soldier was airlifted to Foothills Hospital in Calgary following an injury to his arm during a training exercise near Medicine Hat.
According to a spokesperson for the Department of National Defence, the injury was sustained in an accident during a training exercise at Canadian Forces Base Suffield, outside Medicine Hat, Alberta.
The unidentified British soldier was on board an armoured vehicle with a rotating gun turret. His arm was apparently caught by the turret while it was moving, leading to injuries severe enough to warrant his being airlifted from the Canadian Forces Base to the Calgary-area hospital.
The incident took place on the morning of Saturday, July 18.
In most instances, a workplace injury such as this would result in a WCB claim. It is only where an employee or employer is not covered by Workers’ Compensation legislation that there may potentially be grounds for a personal injury suit against the employer.
This is due to the fact that where both the injured party and the negligent party are covered by WCB (example, the employee and employer), the Workers’ Compensation Act applies and prohibits any lawsuit or claim outside of a claim through the WCB.
In the case where the legislation is not applicable and a lawsuit is therefore not precluded, it would need to be demonstrated that the injury was caused by improperly maintained equipment and/or inadequately trained operators, or some other form of negligence on the part of the employer.
The potential for either a WCB claim or a personal injury claim resulting from this unfortunate incident is complicated by the fact that it involves a British soldier completing training at a Canadian Armed Forces base. Complications are, however, not unusual when it comes to injuries that occur while in the course of one’s employment.
If you or a loved one have been injured in the course of employment and are unsure what rights you have to make a claim, contact the experienced personal injury lawyers at Cuming & Gillespie.
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