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ARTICLE · 30 APRIL 2025

Injured In A Car Accident While Working? WSIB May Not Be Your Only Option

Siskinds LLP
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If you're injured in a car accident while working in Ontario, you might be surprised to learn that you may not automatically have the right to sue the at-fault driver.

CanadaEmployment and HR
Lauren Cullen
Lauren Cullen
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If you're injured in a car accident while working in Ontario, you might be surprised to learn that you may not automatically have the right to sue the at-fault driver. This is especially true if both you and the other driver were "workers" acting in the course of their employment at the time of the accident. In many cases, your only recourse would be through the Workplace Safety and Insurance Board (WSIB).

But there's good news: in some circumstances, you can opt out of WSIB benefits and instead pursue a lawsuit against the at-fault driver, along with a claim for accident benefits under your auto insurance policy.

WSIB or lawsuit: Choosing your path

In Ontario, the Workplace Safety and Insurance Act (the "Act") limits the ability of workers to sue if their injuries occurred in the course of employment. However, WSIB provides an "election" process under section 30 of the Act, allowing injured workers to choose between:

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