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Old 07-02-2018, 09:45 PM   #1
Blucas2018
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Default WSIB vs Auto Insurance

My husband was struck by a pickup truck while working as a tow truck driver on the highway, changing a tire. The driver who hit him was 100% at fault ( drifted into the shoulder going too fast on a tight turn ).

Would it be better to make a claim with WSIB or hire a lawyer to persue benefits from the driver's insurance? My husband will not likely be able to work as a tow truck driver again and its been his livelihood for nearly 20 years. For sure he will be out of work for at least a few months if not longer to recover from his injuries.
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Old 07-03-2018, 03:25 AM   #2
AFFA
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Default Re: WSIB vs Auto Insurance

I wish to inform you that WSIB is there to give the care and support your husband is entitled to under workplace safety and insurance system. That includes benefits, as well as other support, such as return to work assistance. Your husband may calculate the WSIB benefits which are comprehensive vis-a-vis insurance payment he is likely to receive from the insurance company and make a decision in the matter. Your husband may contact an attorney and seek guidance.

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Old 07-03-2018, 09:47 PM   #3
adjusterjack
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Default Re: WSIB vs Auto Insurance

Quote:
Originally Posted by Blucas2018 View Post
My husband was struck by a pickup truck while working as a tow truck driver on the highway, changing a tire. The driver who hit him was 100% at fault ( drifted into the shoulder going too fast on a tight turn ).

Would it be better to make a claim with WSIB or hire a lawyer to persue benefits from the driver's insurance?
Both.

WSIB (workers compensation) is immediate and covers medical bills and a percentage of lost wages but not pain and suffering.

At the same time he should immediately consult a personal injury attorney to discuss pursuing the other driver's insurance which (when fault is proved) could pay full medical, full wages, and pain and suffering. He may have to reimburse WSIB for whatever workers compensation paid but pain and suffering and the difference in the wages may leave money for him after the lawyer gets paid.

A liability claim against the other driver could take months or years to settle and he wouldn't get any money until then.

Hence WSIB for immediate benefits and let the lawyer go after the other driver for additional benefits if appropriate.

Tell him NOT to let the employer talk him out of WSIB.
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Old 07-08-2018, 05:15 AM   #4
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Default Re: WSIB vs Auto Insurance

Quote:
Originally Posted by Blucas2018 View Post
My husband was struck by a pickup truck while working as a tow truck driver on the highway, changing a tire. The driver who hit him was 100% at fault ( drifted into the shoulder going too fast on a tight turn ).

Would it be better to make a claim with WSIB or hire a lawyer to persue benefits from the driver's insurance? My husband will not likely be able to work as a tow truck driver again and its been his livelihood for nearly 20 years. For sure he will be out of work for at least a few months if not longer to recover from his injuries.
Very sorry for this terrible accident.

They should enforce those move over laws more rigorously on the Highway.
Seems only about 50% of people actually do it. i was nearly hit myself last year.
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Old 07-09-2018, 08:20 AM   #5
Lexus
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Default Re: WSIB vs Auto Insurance

In this regard your husband can claim damages from the truck driver’s insurance. Further, it is good to entrust the case to a lawyer. The lawyer can help you to get the maximum amount from the insurance in a speedy way.
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