Workplace Injury – Can I sue my workplace for an injury?

If you are injured on the job, the law does not permit you to sue your employer. Instead, you must make a claim with WorkSafeBC. The good news here is that you do not need to be concerned about your employer’s financial ability to pay you for lost wages and/or permanent lost earning capacity. The bad news is that WorkSafeBC can be a nightmare to deal with. You do not ever get your day in court.

A workplace injury is any injury that occurs within your scope of employment. What this means is that your injury, in order to be covered by WorkSafeBC, does not have to occur at a specific worksite. If, for instance, you are driving and doing so as part of your employment, then you are covered. As example might be your employer asking you to leave your worksite to go on an errand. If you are running the errand as part of your employment and suffer an injury, you are covered by WorkSafeBC.

Serious Workplace Injuries

From 2010 -2019, there were over 63,000 serious workplace injuries reported in BC. (read more).

According to WorkSafe BC, workers in B.C. …”missed 3.2 million days of work due to work-related incidents and disease…”(Worksafe BC). The most common types of injury claims accepted by us were:

Strains and other than back strains
Back strains
Cuts
Contusions
Fractures

If you have been injured on the job, it is important to report the injury as soon as possible to Worksafe BC. It is also a good idea to contact personal injury lawyer Tim Louis to get the best legal advice regarding workplace injury to assist you in ensuring you get the compensation you deserve.

Reporting a Workplace Injury

Reporting a workplace injury is very easy. It can all be done over the phone (WorkSafeBC Teleclaim 1-888-967-5377).

In order for you to be eligible for WorkSafe benefits, your injury does not need to occur at a specific time. A perfect example of this is carpal tunnel syndrome from typing. A worker who develops this syndrome will do so as a result of typing over a number of weeks if not years. Another example is lung cancer caused by exposure to asbestos. The “injury” would take place over many decades.

As soon as you suffer a workplace injury, you should immediately report it, not only to WorkSafeBC, but also to your employer and your family doctor. Failure to do so may seriously weaken your claim. Your doctor will be asked by WorkSafeBC to confirm your injury. If it is a very serious injury and you are taken to a hospital by ambulance, do not leave it to the ambulance crew or the hospital to report your injury to WorkSafeBC.

Most WorkSafeBC are relatively straight forward. However, sometimes, this is not the case. If you feel that you are not being treated fairly by WorkSafeBC, you should immediately hire a workplace injury lawyer familiar with WorkSafe claims.

Repealing Workplace Injury Decisions

Appealing Worksafe decisions to court is very difficult and rarely successful. In 2016 an injured worker, Anna Currie was successful. The chambers judge overturned Worksafe’s decision to refuse to provide retroactive vocational rehabilitation benefits to her. Sadly, Worksafe simply appealed the chambers judge decision to the BC Court of Appeal.

The BCCA reinstated the Worksafe decision to refuse to provide retroactive vocational rehabilitation benefits.

Workplace Safety

To keep everyone safe on the job, all employees should participate in workplace safety protocols. This group collaboration works to protect everyone, increase safety on the job, prevent workplace injury and helps with overall productivity.

In order to prevent workplace injury, it is important to:

Always report unsafe work conditions
Keep a clean workstation
Ensure you always wear protective equipment such as hard hats and steel shank/toe boots
Take breaks – workplace injury often occurs when people are tired
Don’t skip any steps to get the job done faster – follow workflow procedure for safety
Stay up to date with new safety protocols and procedures
Use proper posture and follow safe working and lifting procedures
Help the new employees – guide them on looking after their health, safety and the safety of the workplace

Injured on the Job?

If you have been injured on the job, contact Tim Louis today to get the best legal advice. As a seasoned personal injury and long-term disability lawyer, he will provide you with the best legal advice and help you navigate the complications of a WorkSafe BC claim. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex.

Sources:

Provincial Overview by Worksafe BC. Free data visualization software. (n.d.). Retrieved January 16, 2022, from https://public.tableau.com/app/profile/worksafebc/viz/Provincialoverview/Didyouknow

Worksafe BC: Facts & figures. WorkSafeBC. (2021, March 12). Retrieved January 16, 2022, from https://www.worksafebc.com/en/about-us/shared-data/facts-and-figures

Client Reviews

Repetitive Strain Injuries: What You Need to Know

When we think about workplace injuries, we often think about slip-and-fall accidents, injuries resulting from falling objects or the various back and neck strains that come with the territory within many workplaces. However, some work-related accidents are often far less dramatic.

A number of injuries occur over time, through constant repetition of daily tasks, which negatively impact the body causing strain to sensitive joints and muscle groups. These repetitive strain injuries, or RSI, can have a long-lasting effect on our health and daily life.

Injuries Resulting From Repetitive Motion

A Repetitive Strain Injury, whether it is temporary or permanent, will need rest or a change in daily habit that provides time to heal. It is crucial to see a medical professional right away to prevent any further damage to the muscles, ligaments, nerves or tendons through continuous, repetitive motion.

Most Common Repetitive Strain Injuries

typing Repetitive Strain Injuries (RSI) can result from a buildup of damage to muscles, tendons, and nerves from repetitive motion or strain on specific parts of the body. Repetitive Strain Injuries are quite common and may be caused by a variety of common work activities, including:

Using a computer mouse or trackpad
Excessive typing (data entry)
Swiping items at a supermarket checkout/cash register use
Grasping and manipulating tools
Working in an assembly line environment
Training for sports or other athletic activities

Some commonly diagnosed Repetitive Strain Injuries are:

Tendonitis (inflammation of the tendon)
Pertendonitis (inflammation of the sheath of a tendon)
Trigger finger (difficulty bending or straightening any of the fingers which is caused by inflammation and thickening of the tendon)
Tenosynovitis (inflammation of the fluid-filled sheath that surrounds a tendon causing joint pain and stiffness)
Carpal Tunnel Syndrome (numbness, tingling and pain in the hand or arm resulting from compression of the median nerve which is squeezed as it travels through the wrist
Epicondylitis (inflammation of tendons surrounding an epicondyle)
Bursitis (inflammation of the bursa sac which is common around the elbow, hips, knees and shoulder)

Repetitive Strain Injuries

What Are the Symptoms?

There are many possible causes of repetitive strain injuries and a wide range of symptoms that result. Tenderness or pain the affected muscle or joints are common, a throbbing or pulsating sensation in the affected area and or tingling in the hands or arms. Any other symptoms will depend on which part of the body is affected.

It’s important that you visit a medical professional for a proper diagnosis as soon as you experience symptoms to prevent any further damage over time.

Repetitive Strain Injury Prevention

The primary ways in which you can reduce the risk is to stop or limit the intensity of the activity. If the activity cannot be stopped, tips for reducing the risk may include:

Taking breaks: Taking regular breaks from any repetitive task may help reduce the strain on your body.

Stand up: Standing up, stretching and frequently moving your limbs may reduce the risk. Stretch your back, arms, fingers and legs regularly.

Vision break: Rest your eye muscles by looking up and staring for a moment at objects in the distance or simply looking around the room. The key is to give your eyes a regular break from screen time.

Overall health: Eat healthy and get regular exercise to keep your body as resilient as possible, and try to avoid smoking, as this reduces blood flow and oxygen in the body.

Posture: Try to keep yourself from slouching. Ensure your desk, chair and computer screen are aligned as much as you can in an ergonomic setting.

Wrists: Avoid bending or overextending your wrists, and keep the arms, wrists and fingers aligned when typing as much as possible.

Typing: Try to touch type as much as possible and avoid hitting your keys too hard.

Keyboard Shortcuts: Try to use keyboard shortcuts whenever possible, as this can reduce the amount of typing needed.

Mouse or Track-pad: Do not grip too tight or press too hard, and try to slow your speed in order to reduce muscle tension in your hand and wrist.

Temperature: Keep an eye on the temperature of your work area and regulate where necessary.

Phone Use: If you need to use a phone while working, try wearing a headset as this will keep you from needed to grip the phone for long periods or needing to clamp the phone between your head and shoulder.

You can trust Tim Louis & Company to ensure the best possible outcome for your personal injury case

These common RSI injuries can have a lasting impact on one’s health and quality of life. If you or a loved one has experienced a serious injury while on the job, contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com.

Sources:
https://www.enjuris.com/workplace-injury/repetitive-strain-injuries-work.html

https://my.clevelandclinic.org/health/diseases/17424-repetitive-stress-injury

https://www.mayoclinic.org/healthy-lifestyle/fitness/in-depth/overuse-injury/art-20045875

Injured on Someone Else’s Property? What You Should Know

Vancouver Slip and Fall Lawyer

Injured on Someone Else’s Property?

Contact Tim Louis – Long-Term Disability and Personal Injury Lawyer

According to a 2017 Canadian Institute for Health Information report, falls were the number one cause of injuries leading to hospitalization in Canada. It is common for these types of falls to be caused by businesses or property owners who neglect their duty to ensure that their property is reasonably safe.

If you are injured on someone else’s property due to unsafe conditions, you may be entitled to receive compensation for your injury. The property owner (known legally as “occupier”) is responsible for keeping their premise safe, and failure to do so can result in a potential injury that would otherwise not have happened.

An occupier may refer to the person in charge of caring for the property, or the physical owner of the premises, which may include:

Business Owners
Homeowners
Landlords
Companies
Government Agencies

Injured? Occupier’s Liability Act

In British Columbia, slip and fall claims are Occupier’s Liability Act (OLA) claims.

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

If an individual slips and falls or is injured on someone else’s property due to hazardous conditions, they may be entitled to compensation that could cover one’s medical costs, out of pocket costs, lost income and or pain and suffering resulting from the injury.

How Much is Your Slip and Fall Claim Worth?

This is a common question clients ask lawyers and is complex to answer. A number of factors are considered before assessing the value of a claim such as the severity of the injury and how much the injury has impacted your life, your ability to earn a living and your personal well-being.

Do You Have a Slip and Fall Case?

In order to determine whether you are entitled to slip and fall compensation is dependent on whether you have a valid claim.

If you have suffered from a slip and fall injury resulting from a dangerous condition on a property (i.e. lack of lighting, unmarked spills, icy driveways) the owner or occupier may be liable if it can be proven that they were aware of the hazard and neglected to take reasonable measures to rectify the issue.

Document Your Injury Experience for Evidence

documentation Insurance companies can make your life quite difficult during a slip and fall claim and will deny cases due to a lack of evidence.

If you are injured, it is important to cross your T’s and dot your I’s when it comes to documenting your experience so you have as much evidence as possible to support your personal injury claim.

Seek Medical Attention Immediately After a Slip or Fall

If you suffer from a fall on someone else’s property, ensure that you seek medical attention straight away. Whether your injury is serious or not, it is always recommended that you visit your doctor or hospital as soon as possible (ideally within 24 hours of being injured).

Keep in mind that symptoms for injuries don’t always present themselves immediately – another important reason to get checked out regardless of how your body feels.

Document Any Witnesses

If there are any witnesses, write down their names and numbers to assist with your case. Your insurance company or lawyer will ask for witness contact information as this will help with your claim.

If you are able, pull out your phone and take photos of the exact location your injury occurred. You can never have too much documentation to support your liability claim. If you were unable to take pictures of the scene, ask a friend or family member to take photos on your behalf.

Speak to Your Lawyer Before Signing Any Document

It’s integral to know that you should never sign anything without speaking to a lawyer first. An experienced personal injury lawyer will ensure your rights are not being violated and protect the integrity of your claim.

Contact a Personal Injury Lawyer You Can Trust

You can trust Tim Louis & Company to ensure the best possible outcome for your slip and fall-related personal injury case. Contact us today (604) 732-7678 or email timlouis@timlouislaw.com

Sources:

https://globalnews.ca/news/4315219/falls-most-common-injury-canada/

https://globalnews.ca/news/3576912/injury-related-hospitalizations-canada/

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

Top 5 Mechanical Failures that Cause Car Accidents

car accidents

Mechanical Failures that Cause Car Accidents

With car accidents a regular daily occurrence, it is not always clear what the underlying cause is until a thorough investigation has been concluded. With a number of accidents attributed to excessive speed, driving under the influence, driver error or weather conditions – it can be easy to forget that some accidents are caused simply due to the neglect of routine maintenance — leading to vehicle complications or even mechanical failure if left unchecked.

Keeping your vehicle maintained can go a long way in avoiding accidents caused by mechanical failures. Here are a few of the most common mechanical failures and what to look out for to ensure your vehicle is in tip-top shape:

Prevent Car Accidents – Check Your Brakes

brake pads Brakes are an essential safety feature we use as drivers on the road. However, brakes can also be one of the most ignored when it comes to routine checks – often being left completely worn before a proper inspection or needed replacement. If your brakes are not properly maintained, you could find yourself braking harder on the road,
throwing off drivers behind you, or prevent you from stopping – injuring other drivers, pedestrians or yourself and your passengers.

Here are some early signs of brake wear to look out for:

Excessive vibration when applying pressure to your brakes
Reduced responsiveness while braking (spongy or soft brake pedal)
Noticeable pulling when applying pressure to your brakes
Frequent or infrequent squealing or screeching noises while braking
Loud metallic grinding noises coming from your brakes

Tires – maintain them to prevent car accidents

Your vehicle’s tires keep you moving – gripping the road through poor road conditions, ensuring that you arrive at your destination safe and sound. This is why it is crucial to conduct routine checks on your tires daily and before taking any extended trips – ensuring your tires are in the best shape possible.

Early signs that you may need to have your tires rotated or replaced can include:

Bulges, gouges, or cracks in the tire or tire sidewall
Significant and/or uneven tread wear
Tires losing pressure or deflating faster than normal
Excessive vibration while driving

brake light

Headlights/Taillights/Brake Lights

The lights on your vehicle allow you to see – and be seen. This makes them one of the most important safety features for your vehicle in terms of accident prevention while driving. However, lights do fail — which is why you should be conducting a routine inspection of all lighting systems on your vehicle before driving.

Signs that you may need to have your headlights or taillights inspected or replaced can include:

Significant dimming over time
Flickering or random fading
One or multiple bulbs going dark
Significant time passing (better safe than sorry)

Malfunctioning Windshield Wipers can Cause Car Accidents

Windshield wipers can make a big difference in overall driver safety and visibility — removing dirt, rain, and snow – while running for hours at a time to keep your view of the road clear at all times.

Unfortunately, windshield wipers do wear over time – often warping, cracking or even tearing from long-term use in heavy weather — this can cause them to lose their flexibility and even fail altogether. You should always keep an eye on your wipers and check them daily to ensure they are functioning properly.

Signs that you may need to have your windshield wipers replaced can include:

Streaking
Unusual noise or squealing
Skidding or Irregular movement
Ragged or distorted blades

Contact A Personal Injury Lawyer

Drivers and passengers who are injured in accidents that are the result of mechanical failure may wish to contact a personal injury lawyer. Contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve.
To book your free consultation, call 604-732-7678, or email timlouis@timlouislaw.com. We’re here to help.

Common Workplace Injuries

Prevent Workplace Injuries

When we think about workplace injuries, what often comes to mind are high-risk occupations in construction, manufacturing, or those dealing with hazardous materials – but the fact is, workplace injuries happen across all industries, in all occupations – and most of them are entirely preventable with proper care and preparation.

Workplace Injuries

Although the types of injury commonly sustained at work are as numerous as the number of jobs that can be listed – some of the more common and preventable injuries are:

Strains/Sprains

These types of injuries also referred to as “repetitive strain injuries (RSI)” or “musculoskeletal disorders” are very common workplace injuries due to the number of occupations dealing with repetitive tasks throughout the day.

Some of the more frequent causes of these injuries can include:

Repetitive or vigorous movement over long periods of time
Lack of movement/holding your posture or limbs in an unnatural position for long periods
Overusing a particular group of muscles
Poor posture or a non-ergonomically designed workspace

Back Injuries

back pain

Injuries related to the back are common among numerous occupations and can have an affect — both personally and professionally, long after the initial injury itself. Some of the more common factors resulting in back-related injury can include:

Repetitive lifting or moving of heavy objects, reaching or bending
Sustained whole-body vibration or jarring from the use of machinery
Poor posture, improper or inadequate back support seating in the workplace
Prolonged periods of inactivity

Head Injuries

A head injury can be serious and can lead to contusions, hematomas (bleeding in the brain), and concussions. Unfortunately, it’s not uncommon in the workplace –, especially in manufacturing and construction industries. ‘Closed’ head injuries do not pierce the skull and “open” head injuries happen when an object has pierced through the skull, causing possible brain injury. Generally, recovery time may be longer than other common workplace injuries, although most people fully recover from minor to moderate head injuries.

Some of the more frequent causes:

Being hit by falling or flying objects
Slipping or tripping and falling
Falling from above such as tumbling down stairs or falling off a ladder
Walking into objects such as a wall, cabinet or glass window

Herniated/Bulging Discs

Both herniated and bulging discs can affect a person’s nerves, tendons, muscles, and joints. These are common injuries and can result from repetitive motion trauma and or soft tissue disorders resulting from a workplace injury. If you injure your back or neck, a spinal disc can move out of place and can bulge outward from between the vertebrae — putting pressure on spinal nerves. Sciatica (nerve pain radiating down one leg) is a
common symptom of a herniating disc injury, as well as numbing, tingling pain in the legs and weakness in the back and legs.