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Understanding the Difference: Occupational Injuries vs. Non-Occupational Injuries
Needless to say, the world of injury claims can be confusing, especially when trying to determine whether your injury falls under workers’ compensation (WCB) or should be handled as a personal injury or disability claim. This section explains the key differences between occupational and non-occupational injuries, how each is handled, and what compensation options are available for each.
Key Differences
1 - Occupational Injuries (WCB Coverage):
Occupational injuries are injuries or illnesses that occur while you’re performing your job duties. In Alberta, these are covered by the Workers’ Compensation Board, a no-fault system designed to provide wage loss replacement, medical care, and rehabilitation to workers injured on the job.
Examples:
- Slipping and falling at a construction site.
- Developing carpal tunnel syndrome from repetitive work tasks.
- Inhaling hazardous materials at a worksite, causing respiratory illness.
How It’s Handled:
- Claims are filed with WCB.
- Compensation is determined based on lost wages, medical treatment, and rehabilitation needs.
- Disputes are handled internally through WCB’s appeals process.
2 - Non-Occupational Injuries (Personal Injury/Disability Claims) :
Non-occupational injuries occur outside of your job duties. These are handled through personal injury claims or disability insurance, depending on the nature of the injury and the available benefits.
Personal Injury Claims :
- Involves seeking compensation from the party responsible for the injury (e.g., another driver in a car accident).
- You may need to prove negligence in order to receive compensation.
- Compensation may include medical expenses, lost wages, and damages for pain and suffering.
Disability Benefits:
- Short-term or long-term disability benefits can be claimed if you are unable to work due to a non-work- related injury or illness.
- Benefits are typically provided through private insurance or government programs, such as the Canada Pension Plan (CPP) for disability benefits.
Comparison: Occupational vs. Non-Occupational Injuries
Aspect
Occupational (WCB)
Non-Occupational (Personal Injury/Disability)
Injury Location
Occurs during work-related activities.
Occurs outside of work duties.
Coverage Type
Workers Compensation (WCB)
Personal injury claims or disability benefits through private insurance.
Fault
Fault No-fault system. WCB provides coverage regarlless of fault.
Fault-based system (personal injury), or no-fault insurance (disability).
Compensation
Covers medical treatment, wage loss, and rehabilitation.
Medical expenses, lost wages, pain and suffering (personal injury); wage replacement (disability).
Claim Process
File through WCB.
File through insurance (disability) or pursue legal action (personal injury).
Legal Action
Cannot sue employer or WCB.
Can pursue legal action against the responsible party (personal injury).
Dispute Resolution
Handled internally through WCB's appeals process.
Personal injury claims may go to court; disability disputes may involve insurance appeals.
Aspect
Injury Location
Coverage Type
Fault
Compensation
Claim Process
Legal Action
Dispute Resolution
Occupational (WCB)
Occurs during work-related activities.
Workers Compensation (WCB)
Fault No-fault system. WCB provides coverage regarlless of fault.
Covers medical treatment, wage loss, and rehabilitation.
File through WCB.
Cannot sue employer or WCB.
Handled internally through WCB's appeals process.
Non-Occupational (Personal Injury/Disability)
Occurs outside of work duties.
Personal injury claims or disability benefits through private insurance.
Fault-based system (personal injury), or no-fault insurance (disability).
Medical expenses, lost wages, pain and suffering (personal injury); wage replacement (disability).
File through insurance (disability) or pursue legal action (personal injury).
Can pursue legal action against the responsible party (personal injury).
Physical injuries (e.g., fractures, head injuries), emotional distress due to negligence
Success Stories
1 - Occupational Injury Resolved with WCB
- A worker injured their back while lifting materials at a construction site. Through WCB, they received full wage replacement and medical coverage for surgery and rehabilitation.
2 - Non-Occupational Injury Pursued via Personal Injury Claim
- After being involved in a car accident outside of work, a worker pursued a personal injury claim against the at- fault driver. Compensation covered medical bills, lost income, and damages for pain and suffering.
Understanding whether your injury is classified as occupational or non-occupational is critical to determining your next steps. Occupational injuries fall under the WCB system, while non-occupational injuries may involve personal injury claims or disability benefits. If you’re unsure where your case falls, it’s important to seek the right professional guidance to ensure you receive the compensation you deserve.
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
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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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