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- Alternatively, you can fill out our online form and we will respond within 24 hrs.
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The Blue Collar Way: Why Choose Advocacy Over Litigation?
At Blue Collar Consulting, we focus on proactive solutions that resolve WCB disputes quickly and effectively. We work directly within the WCB system to ensure that your case is handled with precision and care. With us, you avoid the stress and expense of legal battles and instead benefit from strategic negotiations that yield results.
Our advocates bring years of industry experience to the table, offering clients the peace of mind that comes with working with professionals who know the WCB system inside and out. From early intervention strategies to return-to- work planning, we offer comprehensive support for both workers and employers.
Whether you’re dealing with a claim denial or navigating the complexities of WCB policies, Blue Collar Consulting is here to help. Contact us today for a free consultation to discuss your case and find the right solution for you.
When Should You Consider Hiring a WCB Lawyer?
While most WCB claims can be resolved with the help of a WCB advocate, there are certain cases where legal representation may be necessary. Below are scenarios where hiring a WCB lawyer might make sense.
1 - Judicial Review
Canadian courts generally respect the authority of administrative tribunals like the WCB Appeals Commission, recognizing that these bodies are experts in their specific fields. However, courts may intervene through judicial review if the Appeals Commission exceeds its legal jurisdiction or makes a procedural error that violates the law. This type of appeal doesn’t involve a re-examination of facts but focuses on whether the tribunal acted within the legal boundaries set by the Workers’ Compensation Act.
- Example : Suppose the Appeals Commission improperly denied a worker’s claim by misinterpreting a key legal term that falls outside its scope. In such a case, the Court of King’s Bench might intervene to correct the overreach. However, the court is reluctant to challenge the Commission’s decisions unless clear evidence of jurisdictional error exists, as the judiciary often defers to administrative tribunals for factual matters.
- When to Hire a Lawyer : A judicial review involves strict legal procedures, including the filing of applications within specific timelines, presenting legal arguments, and navigating court hearings. A lawyer experienced in administrative law is essential to determine whether a claim meets the criteria for judicial review and to argue the case effectively.
2 - Gross Negligence or Misconduct
Gross negligence or willful misconduct by WCB or an employer might create an opening for legal action outside of the workers’ compensation system. Although workers typically cannot sue WCB or their employer due to the no-fault nature of the system, extreme situations where gross negligence led to additional harm could be exceptions.
- Example : Imagine a case where a worker’s injury was exacerbated due to WCB’s deliberate disregard for a medical expert's opinion, resulting in prolonged suffering. While such claims are rare, a lawyer could explore the possibility of pursuing a civil lawsuit if the worker suffered harm beyond what the no-fault system covers.
- When to Hire a Lawyer : These cases involve complex determinations of what constitutes "gross negligence" and can be difficult to prove. A lawyer would be critical to gathering evidence, filing claims, and making legal arguments that show WCB’s actions exceeded normal negligence.
3 - Third-Party Claims
Workers’ compensation laws generally prevent employees from suing their employers, but third-party claims are a notable exception. If a worker is injured by a third party not directly related to their employer, they may have grounds for a personal injury lawsuit. In such cases, the worker can pursue compensation through WCB and file a lawsuit simultaneously.
- Example : Suppose a worker slips and falls in their employer’s leased parking lot due to poor maintenance by the property owner. Since the employer doesn’t own the property, the injured worker may sue the property owner while also filing for WCB benefits. Similarly, if a worker is involved in a car accident while traveling for work, they can receive WCB benefits while pursuing a personal injury claim against the at-fault driver.
- When to Hire a Lawyer : A lawyer is crucial when filing a third-party lawsuit because it falls outside the scope of WCB’s no-fault system. In these cases, personal injury laws govern the lawsuit, and a lawyer can help determine fault, negotiate with insurance companies, and maximize the compensation received from the third party.
4 - Complex Legal Issues
Some WCB cases involve technical legal issues that go beyond the typical policy and procedural knowledge of advocates. These may include disputes over jurisdiction, legal interpretations of statutes, or conflicts between provincial and federal laws. In such situations, a WCB lawyer may be necessary to argue these points in court or before administrative tribunals.
- Example : Suppose a worker’s compensation claim involves a dispute over whether the worker’s injury occurred within the employer’s jurisdiction or during off-duty hours. Legal arguments regarding employment law, statutory interpretation, and jurisdiction may arise, requiring a lawyer’s expertise to resolve.
- When to Hire a Lawyer : When cases hinge on legal nuances or jurisdictional issues, a lawyer’s knowledge is essential. They can interpret and apply statutory laws, prepare legal briefs, and represent the worker in complex hearings or court proceedings.
Discuss Your Claim With Us
- Our phone lines are open 24/7 so reach out to us at anytime.
- Alternatively, you can fill out our online form and we will respond within 24 hrs.
Get Started With A Free Consultation
Before Contacting a WCB Lawyer
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Disclaimer
WCBLawyer.ca is not a law firm, and its owner is not a lawyer. Legal services referenced on this site are provided exclusively by independently licensed lawyers in Alberta. Blue Collar Consulting offers WCB advocacy and consulting services and works in partnership with legal professionals where appropriate.
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