The Best Way To Claim A Work Injury In British Columbia
Employees in British Columbia appreciate the wisdom behind asking the question in the title of this article. The Province’s legislature has passed a law, and has put in-force the Workers’ Compensation Act. That Act ensures payment of all injured employees, if their injury resulted from completion of an on-the-job activity, or if a sick employee had contracted a job-associated disease.
Features of benefits provided to eligible workers:
Money promised by benefit gets delivered by WorkSafeBC. Delivery of benefit assured, regardless of who has been found at-fault for a given accident. No injured employee can file a lawsuit against a negligent worker, even if he same worker has caused the injury-resulting accident.
By the same token, no employee can sue his or her employer, If the same employee got injured while residing in British Columbia. So, is there any time when an employee could file a lawsuit against some adult man or woman? Yes, employees have a right to sue a third party, if that same 3rd party did, indeed, cause a particular accident.
From what group of individuals will a third party come?
The group from which the third party came contained those individuals who did not work for the blameworthy company. Any member that had been hurt, due to negligence on the part of a 3 party could file a lawsuit with the help of ICBC Lawyers in Vancouver against that same negligent individual.
Other facts that related to benefits offered through WorkSafeBC.
If the injured worker making a claim has been found at-fault for the injury-causing accident, then he or she will have no reason to file a tort claim. Consequently, the same worker would almost certainly use the service offered by WorkSafeBC.
A worker that has failed to decide within 90 days of a given accident, how to go about seeking compensation, must elect accept their inability to make use of WorkSafeBC’s existence
If a given worker has a great interest in pursuing a claim for pain and suffering, then he or she should consider filing a tort claim, instead of seeking compensation from WorkSafeBC.
A situation that does not seem to be have been considered:
One possible reason for a request for compensation goes unmentioned in literature about the choice handed to injured workers in British Columbia. If a working employee got injured at the time of a natural disaster, would that same employee be compensated?
How likely is it that such a thing might happen? Well, it did happen in California in 1994. A man was working inside of a building at the time that an earthquake, and he was killed. His family tried to seek some monetary compensation. The company that had hired the deceased gentleman denied them any form of compensation.