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When Egregious Employer Conduct Allows for Legal Action
Under typical circumstances, Workers’ Compensation provides the sole remedy for workers injured on the job, meaning they cannot sue their employer in court for damages. This is part of the no-fault system—workers receive benefits regardless of who is at fault, and in exchange, they waive the right to sue their employer. However, there are some exceptions to this rule where tort law may come into play :
In cases where an employer’s actions are intentional or reckless, going beyond mere negligence, a worker may have grounds to pursue a lawsuit outside of WCB. For example, if an employer deliberately places a worker in harm’s way or knowingly violates safety standards in a manner that leads to severe injury, this might give rise to a tort claim.
Egregious Conduct and Intentional Harm
In cases where an employer’s actions are intentional or reckless, going beyond mere negligence, a worker may have grounds to pursue a lawsuit outside of WCB. For example, if an employer deliberately places a worker in harm’s way or knowingly violates safety standards in a manner that leads to severe injury, this might give rise to a tort claim.
Gross Negligence
If an employer’s conduct is so egregiously reckless that it rises to the level of gross negligence, some jurisdictions allow workers to seek damages through a civil suit. These cases often involve situations where an employer’s complete disregard for safety protocols or worker well-being leads to serious harm.
Punitive Damages
In tort cases, particularly where the employer’s conduct is malicious or highly reckless, workers may seek punitive damages. Punitive damages go beyond compensating the worker for the harm suffered—they are meant to punish the employer for particularly wrongful conduct and deter similar behavior in the future.
Legal Counsel and Navigating Complex Cases
Given the high threshold for proving intentional harm or egregious misconduct, it’s critical for workers to seek experienced legal counsel to evaluate whether they have a viable tort claim. While most workplace injuries fall under the WCB system, an attorney can help identify whether an employer’s behavior qualifies for a lawsuit under tort law, providing another avenue for compensation if the circumstances warrant it.
Key Takeaways on Tort Law:
- Workers' Compensation is generally a no-fault system, barring lawsuits against employers for workplace injuries.
- In cases of egregious conduct—such as intentional harm or gross negligence—workers may have grounds to pursue a tort claim outside the WCB system.
- Seeking punitive damages is possible if the employer’s conduct is malicious or recklessly indifferent to the worker’s safety.
- Given the complexity of proving these claims, retaining legal counsel is critical to determine whether the employer’s conduct rises to the level of a tort .
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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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