Peter Higgs, partner, Shook, Wickham, Bishop & Field
Driving is a requirement for many jobs. If you are involved in a motor vehicle accident during your employment, it is important to determine whether or not the driver of the other vehicle was also working.
If the other party involved in the accident was not employed when the accident occurred and/or not acting within the course and scope of his or her employment when the accident occurred, you should have an opportunity to pursue your claim under the common law.
Section 10 of the Worker’s Compensation Act (the “WCA”) outlines when an individual is required to seek assistance and other benefits under the WCA. The following are common factors which are used to assess whether or not the other party was acting in the course of their employment:
- If the injury occurred on the premises of the other parties’ employer;
- the accident occurred when the other party was doing something for the benefit of the employer;
- the accident occurred when the other party was using equipment or materials supplied by the employer;
- the injury occurred during when the other party was being paid;
- the injury was caused by some activity of the other party’s employer or of a fellow employee; or
- the injury occurred while the other party was performing activities that were part of the regular job duties.
If there is disagreement as to whether or not the WCA applies to your scenario there is often a hearing conducted by a board to determine whether you are bound by the WCA. You should have a lawyer represent you during this hearing.
There are benefits under both the WCA and common law. It is important that you first determine whether or not you are bound by the WCA. After this initial step you must decide what you want to do.
Before you make any decision it is important that you call a lawyer and discuss your options. Serious injuries can affect both you and your family. We are able to help you with that important decision.
Peter Higgs is a partner at Shook, Wickham, Bishop & Field. Visit www.CRlawyers.ca for more information or call 250.287.8355.