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ARTICLE · 22 DECEMBER 2023

Injuries Sustained In The Course Of Work: WSIB vs Personal Injury Lawsuit

Siskinds LLP
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The Workplace Safety and Insurance Board (WSIB) system and a personal injury lawsuit are two paths to compensate individuals who sustained injuries as a result of an accident.

CanadaLitigation, Mediation & Arbitration
Mariana Toledo
Mariana Toledo
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The Workplace Safety and Insurance Board (WSIB) system and a personal injury lawsuit are two paths to compensate individuals who sustained injuries as a result of an accident. However, these two systems do not coexist; an individual can have access to only one of them at a time. In some situations, it is clear which system should be used. For instance, if the accident did not happen during the course of work, then a WSIB claim is not an option. However, the circumstances of an accident might not be simple and determining which system is available can be tricky. Confusion often arises in the context of a car crash.

What is WSIB?

The WSIB system provides compensation to workers who get injured in the course of their employment regardless of fault. In return, these workers give up the right to sue their employers.

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