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Your Rights When You’ve Been Injured in a Calgary Workplace: Part 1

Posted in: Blog // Written on behalf of Cuming & Gillespie
September 14, 2015

Injuries can happen anywhere, any time. By definition, accidents are unplanned and typically unpredictable, and Calgary’s workplaces are certainly not immune from untoward events that end in injuries. Even in the most carefully controlled environments, a simple mistake can result in a trip to the emergency room and days or weeks of missed work.

Most workplace injuries in Calgary are covered by Alberta’s Workers’ Compensation Board, or WCB, which Calgary’s employers pay into and which pays out for employee medical expenses and lost wages due to injuries and illnesses that occur in the workplace. Similar to private insurance but overseen and mandated by the provincial government, the WCB is the only entity you’ll have to deal with for most workplace injuries. This is because the Workers’ Compensation Act specifically bars any legal claim outside of a WCB claim where both the injured party and the negligent or at-fault party are covered by WCB.

There are, however, some employers that aren’t required to participate in the WCB program, and their employees who are injured on the job or become ill because of their working conditions won’t be entitled to any compensation from the WCB. In these instances, hiring a personal injury lawyer is your best chance at receiving the full and fair compensation you’re entitled to.

How a Calgary Personal Injury Lawyer Can Help with Your Workplace Injury Claim

If you were injured while in the course of your employment and are unsure whether you are entitled to bring a lawsuit against the at-fault party, speaking with an experienced personal injury lawyer will provide you with the information and advice you need to determine what to do next.

If you are injured while at work through the fault of a co-worker or your employer, and your WCB claim has been accepted, the likely outcome is that any claim outside of the WCB is statute-barred. If, however, you are injured while in the course of your employment and the person at-fault for your injuries was not in the course of their employment or covered by WCB at the time, then you are entitled to not only claim benefits through WCB, but to bring a separate lawsuit against the at-fault party. This is often the case in motor vehicle accidents.

Contacting a Calgary Personal Injury Lawyer for Your Workplace Claim

If you or a family member has been injured in a workplace accident in the Greater Calgary area and you’re uncertain of your rights or your dealings with the WCB, contacting a Calgary personal injury lawyer is in your best interests. For a free consultation with the dedicated personal injury lawyers at Cuming & Gillespie, please contact our office today.

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