Slips and Falls at Work
If you are injured as a result of a slip or fall at work, you may be able to claim compensation through WorkSafe BC, or you may be able to pursue a personal injury claim. The right option for you will depend entirely on the circumstances of the accident.
This is because, in British Columbia, you are not allowed to sue your employer or a fellow colleague. Even if your employer fails to implement safe working conditions, causing you to fall from a roof, or a co-worker fails to clear up a spillage, causing you to slip, the law states that you cannot bring a claim against them.
But what you can do is obtain compensation through WorkSafe BC, which is the province’s compensation scheme for workers. Once you have submitted a claim to WorkSafe BC, it will investigate the accident and determine whether or not you are entitled to a financial settlement.
Personal injury claim
However, if you make a claim through WorkSafe BC, you give up your right to pursue a personal injury claim for the same accident. A personal injury claim differs because it involves taking legal action against a person or organization who is deemed to be ‘at fault’ for your accident. It often results in greater compensation being awarded than a WorkSafe BC claim.
But because you cannot make a personal injury claim against an employer or colleague, there are only certain situations in which you will be able to claim for a slip or fall at work. In fact, the only time you can do so is if fault lies with a ‘third party’. This will be a person or organization who is not your employer, and who does not work for your employer.
An example might be if you are instructed to deliver a package to a supplier’s warehouse. The occupier of the warehouse has a duty to protect the safety of any visitors, including you. If they fail to meet this duty and you fall over some boxes that have not been properly stored, the warehouse could be to blame for your injuries.
Ask a slip and fall lawyer Vancouver
Due to the legal intricacies involved, if you have been harmed because of a slip or fall at work, you need to speak to a slip and fall lawyer in Vancouver as soon as possible. A lawyer will listen to the details of your accident before suggesting what options are open to you.
Sometimes you will only be able to make a WorkSafe BC claim, and other times you will be entitled to pursue either a WorkSafe BC claim or a personal injury claim. If so, you must decide which is your preferred route.
Either way, there are strict time limits in place, so it is best not to delay when seeking legal advice.
Slip and fall lawyer Vancouver
If you are looking for a slip and fall lawyer in Vancouver to help with your claim, please do not hesitate to contact us at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.Go back to Blog