If you’ve been injured at work in Alberta, you might be wondering if a personal injury lawyer can help you file a Workers’ Compensation Board (WCB) claim. It’s a common question, and we’re here to break it down for you.
The short answer? No, personal injury lawyers cannot typically assist with WCB claims. Here’s why:
The Workers’ Compensation Act: Your Resource for Workplace Injuries
In Alberta, the Workers’ Compensation Act provides protection for both workers and employees. If you’re injured on the job, you’re entitled to compensation for medical expenses, lost wages, and rehabilitation. However, under this system, you typically can’t sue your employer or co-workers.
This is what’s called an “exclusive remedy” – it means your right to sue is replaced with the WCB’s compensation system. So, rather than going to court, the WCB handles your workplace injury claim, ensuring that you’re covered without involving the Court. As Albertans, this is the system that we have to abide by.
It’s a No-Fault System
WCB operates on a no-fault basis, meaning you can receive benefits regardless of who caused the accident. Because there’s no need to prove fault or negligence, personal injury lawyers don’t typically have a role in the claims process. In the workplace, this no-fault system is designed to be straightforward so injured workers can focus on recovery rather than legal disputes.
Can a Lawyer Help with WCB Disputes?
While personal injury lawyers can’t represent you for a WCB claim the way they would in a lawsuit, legal advice might still be helpful if you need to navigate an appeal. WCB has its own set of rules and procedures for handling disputes, and some workers choose to seek guidance during this process.
There are also WCB advocates and internal appeals mechanisms available to assist with disputes, which can be another option if you’re facing challenges with your claim.
TIP: See the end of the article for a list of helpful resources.
Personal Injury Lawyers Handle Other Types of Claims
If you’ve been injured outside the workplace, or if your work is not covered by the WCB, that’s where personal injury lawyers come in. We help clients pursue claims for motor vehicle accidents, slip-and-falls, or other incidents where another party’s fault is involved. If someone else’s carelessness caused an injury, you have the right to seek compensation—and we’re here to help.
Have questions?
While personal injury lawyers typically can’t assist with WCB claims in Alberta due to the no-fault structure of the system imposed by the provincial government, we’re here to help with other types of injury cases where negligence is a factor.
If you’re unsure about your situation or have questions, it won’t cost you anything to speak with our team at Litco Law. We’re always happy to answer your legal questions to guide you through the process and ensure you understand your rights.
Additional resources:
- JM Disability Management Solutions *Independent WCB Experts* (may be able to assist with appeals, denials, & other WCB matters (587) 956-7530
- Jennifer Miller *WCB Expert* (587) 747-3515
