Workplace injuries are quite common. There are a lot of working environments which are going to predispose towards certain risks and if you’ve been injured in a matter of the kind then you are probably being told that you can receive compensation only from the employer’s workers’ compensation insurance.
This is generally true because it is the main rule. You need to understand that this is what the insurance is for and that’s why your employer is paying premiums in order to keep it up and running. Having proper insurance is incredibly important and the workers’ compensation one is a part of every properly ran business. However, there are certain exceptions of this particular rule of thumb and it’s worth taking a look at each one of them.
Injury by defective products
The first one would be if you were injured by a defective product. While you would still be able to claim compensation from the employer, you are also entitled to go ahead and claim it for the product manufacturer under the regular premises of filing a product liability claim. This is going to give you additional grounds and it’s incredibly beneficial. Furthermore, if you have been injured by a toxic substance, for instance, you could be able to bring up a toxic tort lawsuit against the company that manufactured the substance. This is also incredibly beneficial, especially if you are working in a field of expertise which requires usage of toxic products. Negligence or lack of safety procedures can be one of the factors for the injuries and you need to talk with your lawyer about.
Suing the employer
Suing your employer in a regular civil lawsuit is also a possibility. You have to understand that the labor legislation of Ontario is particularly protective of the workers as they are the vulnerable working class and they need more protection. However, if your employer hasn’t been dully covered by workers’ compensation insurance policy you are going to be able to claim damages by suing him directly in court. This is generally something that you want to avoid and undertake other paths if there are some available because the procedure could be rather lengthy and you run the risk of getting compensated later in time. Even though it’s a possibility, you should undertake other opportunities if you can.
Third party related injuries
If a third-party caused the injury while you were at the workplace, you are going to be able to sue the third party directly instead of filing a claim against your employer. As you can see, there are quite a few situations, and there are many more, under which the workers’ compensation insurance isn’t your only option. Even though the employer would like you to think so because that’s what he’s paying his premiums for, you should be aware that there are a lot of options in front of you that might turn out to be even more viable.