Workplace accidents can be life-altering. If you’ve been injured on the job in Calgary or elsewhere in Alberta, you may be wondering: Can I sue my employer? What benefits am I entitled to? The answer depends largely on whether your employer is covered under Alberta’s Workers Compensation Board (WCB) system.
Can I Sue My Employer After a Workplace Injury?
In Alberta, the Workers’ Compensation Act (WCA) governs workplace injuries. Most employers in Calgary and across the province fund this system to protect themselves from lawsuits. In return, injured workers are entitled to no-fault compensation, meaning you don’t need to prove your employer was negligent to receive benefits.
This system is often referred to as the “historic trade-off”—workers lost the right to sue their employers in exchange for timely, consistent compensation regardless of fault. Full-time, part-time, temporary, and casual workers are all covered under this scheme.
What Workplace Injury Compensation Is Available in Alberta?
If your injury is covered under Alberta’s WCB program, you may be entitled to a broad range of injury compensation benefits, including:
- Wage replacement up to 90% of your net earnings
- Coverage for medical treatments including diagnostics, prescriptions, and physiotherapy
- Help with household tasks you’re unable to perform
- Personal care assistance for activities like food preparation, hygiene, or banking
- Home and vehicle modifications to accommodate your disability
- Travel and lodging reimbursement if you require medical treatment outside your area
- Return-to-work programs including modified duties and re-employment services
- Permanent impairment awards for lasting injuries
These benefits are designed to ease your recovery and support your return to work when possible.
How to File a WCB Claim in Alberta
The process for filing a workplace injury claim involves multiple steps:
- Notify your employer of the injury as soon as possible.
- Employers must report the injury to WCB within 72 hours if the injury required more than basic first aid, caused missed work, or led to modified duties.
- Tell your doctor, physiotherapist, or chiropractor about your work-related injury—they must report it to WCB within 48 hours.
- You can also report the injury yourself directly to the WCB.
Once reported, the WCB-Alberta will coordinate medical care and wage replacement as needed. Read the full Worker Handbook here.
Section 23 of the Workers’ Compensation Act: The Lawsuit Bar
Section 23 of the Workers’ Compensation Act is clear: if your injury occurred in a covered industry, you cannot sue your employer. Instead, your compensation comes through the WCB system.
That said, you may be able to sue a third party—for example, if your injury was caused by defective equipment or a negligent contractor. However, even then, the WCB has the right to take control of the lawsuit and recover costs on your behalf.
To check whether your industry is exempt from the workers compensation scheme, refer to Alberta’s list of exempt industries.
Legal Case Study: Donnelly Estate and the Limits of Lawsuits
The Alberta court case Donnelly Estate v. Kal Tire and Bridgestone/Firestone Canada highlights how far-reaching the WCA’s protections for employers can be.
In this case, Mr. Donnelly died in a car accident partly caused by faulty tire installation. His estate attempted to sue Kal Tire and the tire manufacturer. However, both companies were considered “employers” under the WCA, and the lawsuit was barred.
The court reaffirmed that allowing the claim would undermine the foundation of the WCB system:
“Without such a bar, employers would have to contribute to an insurance scheme without receiving protection from lawsuits by injured employees… This argument must fail.”
This case illustrates that even claims seemingly unrelated to workplace conditions—like those involving third-party goods or services—may be barred under Alberta’s workers’ compensation laws.
If you have been injured in an accident and are seeking advice regarding your rights, contact Crash Lawyers today.
Please note that we are not employment lawyers. If you’re looking for an employment lawyer, contact Cashion Legal today. They can assist you with workplace issues arising from the injuries suffered in your workplace accident.
Workplace Injuries in Calgary: What Alberta Employees Need to Know About Workers Compensation
Workplace accidents can be life-altering. If you’ve been injured on the job in Calgary or elsewhere in Alberta, you may be wondering: Can I sue my employer? What benefits am I entitled to? The answer depends largely on whether your employer is covered under Alberta’s Workers Compensation Board (WCB) system.