The Ontario Workplace Safety and Insurance Appeals Tribunal has ruled that an employee who was injured at lunchtime in a car accident was barred from suing the other driver in court. Instead, he must go through the WSIB for his injury benefits.
The employee, a sales manager for a food company, was taking his son and a daughter of a colleague to lunch in his company vehicle when the other driver ran a red light and collided with the vehicle. The other driver was employed with a company that was registered with the WSIB as a "Schedule 1" employer.
The WSIAT ruled that even though it was lunchtime, the injured employee was "in the course of his employment" because on the same trip he planned to see a client and pick up a cheque for his employer, which was a regular task for him. The car trip had a "dual purpose" and was not solely personal time. As such he was entitled to claim WSIB benefits, and barred from suing the other driver in the courts because the other driver was employed with a "Schedule 1" employer.
The employee claimed that his employer had registered with the WSIB after the accident, and therefore that he was entitled to sue the other driver in the courts. The WSIAT ruled that even if his employer has registered with the WSIB after the accident, the employer was a "Schedule 1" employer, and therefore the employee was not entitled to sue in the courts.
Decision No. 1572/16 (Ontario Workplace Safety and Insurance Appeals Tribunal)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
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