legal help?

Question

can i sue in canada becuz of work accident even if im still dealing with (wsib) compansation?

Answer 1

Generally speaking, if you are claiming under workers' compensation (I think WSIB is Ontario. In BC, we call it WorkSafe or WCB.), you are precluded from suing privately. The trade-off is that workers' comp is a no-fault scheme (which increases the likelihood of recovery -- at least in theory), though the amount you can recover is generally less than suing privately. You should check whether you have a choice to sue or go under workers' comp (such as if you are in a motor vehicle accident) and get some legal advice about what to do. By the way, I am speaking from a BC perspective and cannot say whether my answer is accurate for Ontario. Good luck!

Answer 2

You are going to have a dicey jurisdictional problem anytime you try a legal action against a foreign defendant. The problem is that the court hearing the case must have jurisdiction over both of the parties as well as being the proper venue. Venue comes in two types: defendants residence and cause of action. If neither of those work for you, any US court would not be able to issue an order binding on the defendant. In fact, they have a number of strategic steps to keep the case from even being heard, such as a demurrer, motion for judgment on the pleadings,
motion to dismiss for failure to state a cause on which relief can be granted, etc.
The fact that you are getting workers comp doesnt in and of
itself bar your action. Under the Collateral Source Rule, any gap between what WCP pays and your actual expenses could be recovered from the defendant. I just dont see a way around the
jurisdictional problem in these facts.

Answer 3

yes