Knowledgeable Construction Accident Lawyers
Construction work or work on any other job site involving heavy machinery or automation is inherently dangerous and workers are subject to potentially serious injury or even death.
If you have been injured while working on a construction site or in a factory or manufacturing plant, you may have grounds for legal action. At Cuming & Gillespie, we know that serious injuries, including serious workplace injuries, can impact people physically, psychologically, and financially. We understand the importance of getting compensation to ensure continued financial support for your family, to help with medical costs, and to assist you in recovery. In the past 10 years, we have recovered more than $175 million in damages for injured clients.
We know how to best approach your claim to ensure it is a success.
The Workers Compensation Board
If you have been injured on a job site, you should report your injury to your employer, and the Workers Compensation Board (WCB) as soon as possible. The primary purpose of the WCB is to help workers who have been injured at work. The Board can be of assistance in helping you get the medical attention you need to get back on your feet and to provide compensation to cover lost wages for being off work due to injuries.
Why Do You Need a Personal Injury Lawyer if You Have the WCB?
The ability of an injured WCB insured employee to bring a civil lawsuit against an at-fault tortfeasor for negligence resulting in injury is governed by the Workers’ Compensation Act and its supporting Regulations.
Section 21 of the Workers’ Compensation Act can prohibit an injured WCB insured employee from bringing a civil lawsuit against another WCB insured employee, or a WCB insured employer. As a result, in order to bring a civil lawsuit against an at-fault party for their negligence, that party must not be a WCB insured employee or a WCB insured employer at the moment of the negligence.
For example, a WCB insured employee may be injured in a motor vehicle collision, where the at-fault driver is not WCB insured. In these circumstances, the injured WCB insured employee would have a right to bring a civil lawsuit against the at-fault driver. However, if the at-fault driver was also WCB insured and found to be working at the time of the negligence, a civil lawsuit may be barred by the Workers’ Compensation Act.
Another example would be a WCB insured employee who was injured at work on a job site. If the negligence that caused the injury was committed by a WCB insured employee or a WCB insured employer, a civil lawsuit may be barred by the Workers’ Compensation Act. However, if the negligence that caused the WCB insured employee’s injuries was committed by an individual or corporation who was not WCB insured at the time of the incident, the injured employee may have the right to bring a civil lawsuit against the negligent party.
At Cuming & Gillespie, we have been helping injured clients for more than 25 years, including those who have been injured on the job. We are deeply familiar with the workers compensation regime in the province and know how to build a solid case. We work tirelessly to ensure our clients get the maximum compensation they are entitled to. With our help, you can rest assured that we will take care of all aspects of your claim while you focus on recovery and return to work.
Call us today at 403-571-0555 or contact us online to book an appointment for a free consultation to see how we can help.