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If you were injured at work in Alberta and your claim with the Workers' Compensation Board of Alberta (WCB Alberta) was denied, one possible reason is that your employer operates in an exempt industry and has not opted into workers' compensation coverage.
Many workers are surprised to learn that not every employer in Alberta is required to carry WCB coverage.
Under the Workers' Compensation Act (Alberta), most employers are required to be part of the provincial workers' compensation scheme. In the normal course, injured workers can claim WCB benefits, and employers receive protection from lawsuits by employees for workplace injuries. This is often referred to as the "statutory bar."
However, this protection only applies when the employer is part of the scheme, and certain industries are exempt.
Exempt Industries in Alberta
As mentioned above, some industries are not required to participate in WCB coverage, although they may choose to opt in voluntarily.
A few examples of industries that may be exempt include:
- Farming and agricultural operations (see WCB policy and regulations references). [wcb.ab.ca]
- Non-profit organizations, societies, and charities (voluntary coverage rules vary). [wcb.ab.ca]
- Professional and financial service firms (e.g., accounting, bookkeeping, income tax services). [rm.wcb.ab.ca]
- Recreational and personal service businesses (e.g., bowling alleys, billiard parlours, community recreation centres). [rm.wcb.ab.ca]
- For the full list of exempt industries, visit https://rm.wcb.ab.ca/wcb.ratemanual.webserver/ExemptActivities\
If an employer in one of these industries, or another exempt industry, has not opted into WCB coverage, injured workers may find that their WCB claim is denied because the employer is not covered. However, you may still have a legal remedy.
What Legal Options Are Available?
When an employer is not covered by the WCB system, the usual bar on lawsuits does not apply. Instead, an injured worker may retain the right to pursue a civil claim for damages against the employer.
The Alberta court confirmed this in Zubick v. Alberta Teachers' Association, where an employee was permitted to sue their employer after suffering an injury at work because the employer had not opted into WCB coverage.
Potential Compensation Through a Lawsuit
Unlike workers' compensation benefits, a civil claim may allow recovery for a broader range of losses, including:
- pain and suffering
- wage loss
- loss of future earning capacity
- future care costs
If you were injured at work and your WCB claim was denied because your employer is in an exempt industry and has not opted into WCB coverage, you may still have the right to pursue compensation through a civil lawsuit. Speaking with a lawyer can help clarify your options and ensure that you are pursuing the appropriate path to compensation after a workplace injury.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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