Statute Barred: When a Civil Workplace Bullying and Harassment Claim Overlaps with Workman's Compensation

When accidents or injuries occur in the workplace, employees may have legal options to seek compensation for their damages. One avenue available is the pursuit of a civil claim against the employer or a third party. However, there are instances where such civil claims may be barred by statute if the injuries fall within the scope of workman's compensation.

UNDERSTANDING WORKMAN’S COMPENSATION

Workman's compensation, also known as workers' compensation, is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. It is designed to protect both employers and employees in the event of on-the-job accidents, regardless of fault. Workers' compensation serves as a no-fault system, meaning that employees typically do not need to prove employer negligence to receive benefits.

STATUS BARRED CLAIMS IN WORKPLACE BULLYING, HARASSMENT, DISCRIMINATION, AND VIOLENCE CLAIMS

In workplace bullying, harassment, discrimination and violence cases, workers' compensation regimes have exclusive jurisdiction over personal injury claims relating to workplace accidents and injuries, including physical and psychological injuries arising from such incidents.
Physical and psychological injuries experienced by a worker as a result of bullying or harassment in the workplace may be compensable under workers' compensation legislation.

SCOPE OF WORKMAN’S COMPENSATION

In determining whether a civil claim is statute barred due to workman's compensation, employers should look carefully at the underlying factual basis for each cause of action to assess whether all or part of the claim is properly within the scope of the applicable workers' compensation regime.
When workplace accidents or injuries occur, it is crucial for employees to understand their legal rights and options for seeking compensation. While a civil claim may be an option in some cases, it may be statute barred if the injuries fall within the scope of workman's compensation.

WORKPLACE INVESTIGATIONS, POLICY DEVELOPMENT AND MORE

At The Investigators Group, we specialize in workplace harassment investigations. Trust our team of experienced Toronto Police Services Detectives, lawyers, and HR specialists to handle sensitive issues with professionalism. Contact us for a free and 100% confidential consultation. Your workplace safety is our priority.