Can I sue my employer for a workplace injury in Canada?
Generally no. Provincial workers' compensation systems (WSIB in Ontario, WorkSafeBC, WCB Alberta, etc.) are a 'historic trade-off': injured workers receive no-fault benefits regardless of who was at fault, and in exchange they give up the right to sue their employer or co-workers in tort. You may still sue a negligent third party who is not your employer or a covered co-worker.
What benefits does workers' compensation provide in Canada?
Loss-of-earnings benefits (Ontario WSIB pays 85% of pre-injury net average earnings), full coverage of medical and rehabilitation treatment, a non-economic loss (NEL) award for permanent impairment, retraining and return-to-work support, and survivor benefits in fatal cases. Benefits are non-taxable.
What is a Non-Economic Loss (NEL) award?
A NEL award compensates for permanent impairment (physical or psychological) that remains after maximum recovery. A medical assessment assigns a percentage impairment rating using the AMA Guides, which is applied to a base amount and adjusted for the worker's age. It is separate from and in addition to loss-of-earnings benefits.
Can I sue a third party if I was hurt at work?
Yes. While you cannot sue your employer, you may bring a tort claim against a negligent third party — for example, a product manufacturer, a subcontractor from another company, or a negligent driver in a work-related motor vehicle accident. The board may have a subrogated interest and there are election rules, so get legal advice.