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WSIB policies

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read June 1, 2012

Worker injured in parking lot on way to work not eligible for workers’ compensation benefits

Ontario’s Workplace Safety and Insurance Appeals Tribunal has decided that a worker was not acting in the course of employment when she slipped and fell in the parking lot of the mall where she worked. As a result, she could not access workers’ compensation benefits; however, she retained her right of action in a civil suit against the owner of the parking lot.

The worker was on her way to work in a store located in a large shopping mall when she suffered injuries following a slip and fall. She was walking from her parking spot at the perimeter of the parking lot to the mall.

She brought a civil action against the mall owner, and the mall owner applied to the Workplace Safety and Insurance Board (WSIB) to determine whether the worker’s right of action in a civil case even existed. The owner wanted this to be a workers’ … Continue reading “Worker injured in parking lot on way to work not eligible for workers’ compensation benefits”

Article by Christina Catenacci, BA, LLB, LLM, PhD / Health and Safety, Payroll / Accident in the Course of Employment, civil suit, employment law, in the course of employment, injury in parking lot, ontario, the employer exercised any degree of control over the area, workers’ compensation, Workplace accident, Workplace Safety and Insurance Board, Workplace Saftety and Insurance Appeals Tribunal, wsib, WSIB policies

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