An often overlooked issue in personal injury cases involving workplace accidents is an employee’s right to sue. In many instances the right to sue may be removed when the worker is covered by provincial workers’ compensation legislation. In Ontario, the Workplace Safety and Insurance Act removes the rights of workers to sue employers in exchange for guaranteed compensation. Similar legislation exists in all other Canadian provinces. In this webinar, litigation partner Shawn O’Connor addresses the key issues which determine if a worker has the right to sue an employer or if their claim falls under the provincial compensation program.

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