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Compensation To Injured Workers

Home > Personal Injury FAQ's > Compensation To Injured Workers

Compensation To Injured Workers

Posted on December 30, 2020December 30, 2020 by Blog Author
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Work is an essential part of human history. Over the centuries it has been a space for the development of abilities and skills, but it has also involved great risks. For example, in the past, when humans hunted for food, they could be injured or die seeking sustenance.

Although now things have changed, some employers do not take the security measures already available and necessary to ensure the well-being of their workers. As a result, many have been injured. So this article will talk about workplace injuries and how the law protects these victims.

“HOW MUCH MONEY CAN I RECEIVE AFTER AN INJURY?”

After someone is injured on the job and decides to seek an attorney, the most common question is, “How much money can I receive after my injury?” Let the Law itself answer that question.

The Canada Labor Code, Article 239.1 (2), under the heading Employer’s obligation, says:

“Every employer shall subscribe to a plan that provides an employee who is absent from work due to work-related illness or injury with wage replacement, payable at an equivalent rate to that provided for under the applicable workers’ compensation legislation in the employee’s province of permanent residence.”

So how much money can the injured person receive as compensation? An amount equal to the number of days that they had to abstain from their job duties because they were in recovery.

But … is everything there? Should the injured person take money from their own salary for medical expenses, treatments, medicines, and recovery sessions caused by someone else? Is that fair? No, it is not. The law states that something else must be taken into account.

WHAT ARE THE ADDITIONAL COMPENSATIONS?

The Canada Labor Code. PART III, DIVISION XIII.1 Article 239.1 (5), under the title Work-related Illness and Injury, under the subtitle Benefits continue, says:

“The pension, health and disability benefits and the seniority of an employee who is absent from work due to work-related illness or injury shall accumulate during the entire period of the absence.”

So, as the Law says, the responsible employer must also provide the “health and disability benefits” that the injury brought. Therefore, in work-related injury cases, the additional compensations are those that go beyond just the injured employee’s salary, but also encompass the money necessary for the recovery and/or treatment of their injuries.

So far the article has talked about two parts of compensation:

• salary and
• medical expenses.

Both are related by one factor: injuries. If the injuries are greater, the employer will have to pay more salary and the medical expenses will be higher. Therefore, identifying which injuries are covered in a work injury case is crucial in calculating the amount of compensation.

WHAT INJURIES ARE COVERED IN WORKERS COMPENSATION?

The law does not specify an injury itself but uses expressions such as: “work-related illness or injury, [which makes the employee] unable to perform the work performed by [them] prior to the absence.” (Canada Labor Code Article 239.1 (4))

So, what injuries are covered in workers’ compensation? In short, any injury that prevents the worker from continuing to perform her duties on a regular basis.

For example, if a man works as a welder in the construction of a building and loses an arm due to poor working conditions, it would be an injury that involves compensation because the mutilation of his arm prevents him from continuing to carry out his work as a welder.

A less dramatic example would be a woman who works in a smithy and due to poor maintenance of equipment suffers a second-degree burn. She is also a victim of a work injury and deserves to receive compensation. Why?

Because although the woman will be able to continue working in the smithy after recovering, she did not do it for a while due to her injuries. So, although it is not such a serious case as mutilation, it also involves lost wages and medical expenses.

CONTACT A REPUTABLE LAWYER BEFORE IT IS TOO LATE

Workplace injuries have a time established by the law to be reported. If that time passes and no one has claimed or denounced, the case is simply void and the victim will not be able to receive anything for their injuries.

If someone who has suffered a workplace injury is reading this article, do not sidestep it. Contact your trusted injury lawyer in Calgary before it is too late, and receive the justice and peace that a work injury has taken from your hands.

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