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Personal Injury and Wrongful Dismissal
We all like to think of our place of employment in an optimistic, conscientious and positive manner. However, workplace events take place every year that test people's faith in employment, employment laws, the court process, and even the fairness of legal system. Few of us think that we'll need a wrong dismissal lawyer or personal injury lawyer anytime, however these types of cases are very common in Ontario courts.
Workplace accidents are still common today. Although the Ontario government has recently launched a television advertising campaign to warm people about workplace accidents, as though to tell people to police thyself, one wonders what the motivation for this expensive ad campaign was. The courts are under tremendous pressure with many cases backlogged from years ago. Many courts across North America are facing these same challenges and trying to cope with the outfall of problems caused by negligent employers. Whether employees suffer personal injury or are fired for insufficient causes, those same employees often turn to social assistance and the government faces a financial burden.
A few years ago, a friend of mine was dismissed from his position with a major retail company in Toronto. This was a time of severe cost cutting by companies who needed to get rid of staff quickly, and rather than layoff long term employees, who might have to pay large severance packages, they often looked for ways to get rid of them. My friend took the Toronto company to court with a good wrongful dismissal lawyer and won his case. The employer was not in the right, and was ordered to pay more than $50,000.
In my discussion with several lawyers, I learned that many employers are cavalier about getting rid of employees they don't want. They cook up excuses and scenarios about the employee and may even turn to abuse of some sort to encourage the employee to quit. Whether it is a case of personally disliking the employee or a need to cut costs, employees are covered by employment laws and can take legal action against employers. Personal injury claims and wrongful dismissal claims are two of the leading types of legal action taken.
Employment laws in Ontario in recent years have been diminished leaving employees very vulnerable to negligent employers who ignore legal requirements such as proper notice of termination and severance pay, or don't ensure proper safety precautions exist in the workplace. It is not easy for a loyal employee (who may have turned down job offers while working with a firm), to find another job quickly.
In the case of personal injury, those injured on the job may have taken all the necessary precautions. After being injured at the workplace, they face an uncertain financial future. Many employers and insurance policies continue paying benefits for a certain length of time. However, after a year or several years, the payment stop. That's where individuals find they're in big trouble and reflect on how nave they may have been in doing what they were told at work and about not getting a lawyer and fighting for their rights.
Another young man I know had his back injured on the job. Years later, his back still hurts and makes him incapacitated. Despite his disability, unemployment insurance payments stopped and he's now faced with a difficult situation that affects his emotional health and ability to take care of his children. At that time, he needed a good legal consultation, because these issues don't disappear quickly and at some point in time, their source of compensation disappears.
Some people left in wheelchair with no way to care for themselves find themselves living below the poverty line with an even worse outlook for the future. Workman's Compensation is one government agency that has become much tougher on claimants. The environment over the last ten years has been to minimize worker's rights with no no fault legislation. Now Ontario workers cannot sue other employees who are a key source of work-related accidents. Instead they can apply for workers compensation benefits and yet there is no guarantee these payments won't be cut off.
Going it alone in facing the workman's compensation board, insurance companies, and government assistance offices isn't necessary. If you've been wrongfully terminated from your job or injured while working their, you have a right to take negligent, careless employers to court. Even if your employer took all precautions and measures, it is still your right to take them to court for compensation for your losses.
A good appeals and litigation lawyer can help you investigate your rights and help you ensure you don't get left without a source of income while you're injured or unemployed. Many employers believe it will be simple to justify their actions and negligence, however they discover in court, that employee responsibility and negligence is difficult to prove even it was the employee's fault.
Fight for your rights against negligent employers. You can win your wrongful dismissal or personal injury case.
Gord Collins owns Bay Street SEO, a Toronto SEO providing services for Toronto litigation lawyer and personal injury lawyer.
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