27 Sep Injured in a Motor Vehicle Accident While Working
What do you do if you are in a car accident while you are in the course of your employment? The answer depends on whether or not the other driver was also driving while in the course of their employment.
If the driver causing the accident was also driving while in the course of their employment, then you must claim Workers Compensation and you cannot sue (see Section 10(1) of the Workers Compensation Act).
If the driver causing the accident was not working at the time of the accident, then you have a choice between pursuing a lawsuit against that driver or claiming Workers Compensation.
The Workers Compensation Act says you have three months from the date of injury to decide whether you want to claim Workers Compensation or pursue your own lawsuit. The choice made is known as an “election” under the Workers Compensation Act.
If you chose to claim Workers’ Compensation, then you cannot hire your own lawyer or settle with the insurance company on your own.
If you choose to pursue the lawsuit with a lawyer of your choice, no Workers’ Compensation benefits are paid and you are responsible for pursuing the lawsuit. If you decide to pursue a lawsuit, Acheson Sweeney Foley Sahota would be happy to help you.