I was in a bad car wreck at work 9 months ago. Suffered a traumatic brain injury and have been off work and on workers comp. here in ontario since. Laws in Ontario state that you have 3 months after accident to decide whether to "opt out" of workers comp and proceed with a civil lawsuit. They may allow you to opt out if it is longer than 3 months IF the board at workers comp thinks your case is a just exception to allow it to do so. If they font allow you to then you may not proceed with a lawsuit.

I am in a situation now where it is appropriate to get out from under workers comp and under accident benefits and start a civil suit. I am unsure if WC will allow me to "opt out" this far past the 3 month normal limitation. Just wndering if anyone out there has had any experience or hear of anyone elses stories in Ontario about this.

Thanks for any help on this.

Please feel free to call me to discuss - it would be easier to discuss. Jane

Who would you be suing? A private party? -{were they at fault for the accident?}

Do you have an lawyer to consult with, to compare the wc vs lawsuit options?
I think I would do that, get help checking all options so you can find the best way to go from here.

You may be able to opt out of Workers Compensation and pursue an Accident Benefit and tort claim. I typically advise that clients do this any time they have this option simply because I find that the Accident benefit and tort claims provide more benefits and compensation than WSIB does, which is in their best interest in the long run.

[QUOTE=copper;386739]I was in a bad car wreck at work 9 months ago. Suffered a traumatic brain injury and have been off work and on workers comp. here in ontario since.