WSIAT Tribunal Preserves Car Accident Victim’s Right to Sue

The Workplace Safety Insurance Appeals Tribunal released a 29-page decision today preserving our client’s right to sue for damages for compensation following a single vehicle accident where she was the passenger.  Our client had advanced a claim for compensation.  In addition to defending the claim, the insurance company for the at fault driver tried to have her right to sue removed on the basis that she should receive WSIB benefits, not damages.

The issue before the Tribunal was whether the injured passenger was an employee of the driver.  The Tribunal decided that she was not an employee and as a result, she was free to sue the at fault driver.

In most cases, a person who is injured in a motor vehicle accident in Ontario can still sue for pain and suffering and other injuries, even if the accident happened while he or she was working.  However, there are some exceptions.  If you are the employee of the at-fault driver in some cases you can lose your right to sue.  In that situation, you would likely be covered by WSIB.

If you have questions about whether you have the right to sue after a motor vehicle accident that happened while you were on the job, contact an Ottawa personal injury lawyer at 613 233-4529.  We’d be happy to  look at this issue for you.