Work Related Accidents
Ability to Sue in Certain Cases
Certain industries are exempt from the WSIB system. Worker’s may sue such employers.
Workers may also sue co-workers if they were working "outside the course of their employment" at the time the injury occurred.
When a worker or a survivor of a deceased worker is entitled to benefits under the insurance plan with respect to an injury or disease, and is also entitled to commence an action against a person in respect of the injury or disease, they may elect to sue (as in the case of a person driving in the course of their employment suing the driver of another vehicle that injured them).
The election must be made within three months after the accident occurs or, if the accident results in death, within three months after the date of death.
The Board may permit the election to be made within a longer period if, in the opinion of the Board, it is just to do so.
If an election is not made or if notice of election is not given, the worker or survivor shall be deemed, in the absence of evidence to the contrary, to have elected not to receive benefits under the insurance plan.