Common Mistakes Made After a Workplace Injury

Workplace injuries happen, especially in high-risk occupations such as construction or manufacturing. However, that is small comfort to the injured parties or their families if they lose work hours or jobs because of it, or worse, lose their lives.

According to the Ministry of Labour, Training and Skills Development, about 184,678 people in Ontario reported a workplace injury in 2017-2018. While a majority (126,251) did not lose work time due to their injuries, 56,529 did, and a further 1,898 sustained critical injuries. Eight-one people lost their lives due to a workplace injury in the same period.

If a workplace injury occurs because of negligence or unsafe working conditions, you may be eligible to get compensation. However, you need to understand how the process works for making a workplace injury claim, or you could end up with nothing. Here are common mistakes made after a workplace injury you should avoid.

Injuries in the Workplace

Before delving into the complexities of a workplace injury claim, you should know what constitutes a workplace injury. You will then see when you need to consult a workplace injury lawyer.

A workplace injury is the effect of any event at work, on work premises, conducting business that requires medical attention, lost work hours, or both. A workplace injury includes diseases or disorders acquired because of work-related activities or occupational injury.

Typical scenarios for workplace injuries include tripping over wires or slipping on wet floors. Construction workers often fall from height or get struck by a falling object, which is why they are required to wear safety harnesses and helmets. Repetitive movements and extreme physical exertions can also cause injuries that may require extended medical attention and loss of hours. Other events that can cause critical injuries are compression by machinery, bumping into objects, and roadway accidents.

Workplace Injury Mistakes

In Ontario, workplace injuries are reported by the employer to the Workplace Safety and Insurance Board(WSIB) if the Workplace Safety and Insurance Act covers you. You will then receive benefits from the WSIB but are precluded from suing your employer or co-worker for damages.

However, if the WSIB does not cover you or you decide to forego benefits, then you can file a personal injury lawsuit. Whether you file a claim with the WSIB or pursue a personal injury lawsuit, you must avoid the following mistakes that can be detrimental to your case.

Failing to Report the Incident

The first thing you should do for workplace injury management is report it to your supervisor.  This is essential because it will be the basis of your claim for benefits. The earlier you make the report, the sooner you will get your benefits.

When reporting the incident, stick to the facts of what happened and include as many relevant details as possible. The supervisor will then elevate the case to the employer, who has 72 hours to submit a formal injury report.Ensure that you get a copy of the written report to verify the facts as you have recounted them and keep it for your records.

If you fail to report the injury immediately, you can still get benefits within one week from the incident if you have proper documentation. These would include written witness statements, medical records for your treatment, and any time off work because of your injury.

Refusing to Seek Medical Attention Immediately

Any delay in getting medical attention can be devastating to your claim. The most important proof you can present for your workplace injury is your medical report, particularly for a personal injury claim. A medical report will document the nature and extent of your injury, including the likelihood of a full recovery that is vital for getting the compensation you deserve.

Seek medical attention immediately after sustaining an injury and give your doctor all the incident details and your symptoms. In addition to documenting your condition, the timing will prove that the injuries are critical, work-related, and not pre-existing.

Failing to Disclose Previous Injuries

You need to be honest with the attending physician about any previous injuries you might have had when getting treatment for your workplace injury. Lying about them might get you the medical report you want, but the truth will eventually come out when your medical records come to light during an investigation into your claim. 

The damage to your credibility will be irreparable, and it will hurt your chances of getting any compensation at all. If you retain a workplace injury lawyer, be sure to tell them the truth about any previous injuries.

Posting the Incident on Social Media

While you might be in the habit of sharing everything on social media, that would be a mistake if you are making a workplace injury claim. Anything you post on social media will come under scrutiny, and investigators are very thorough. Even using privacy settings will not help you avoid them seeing everything.

Photos and comments about the incident can be taken out of context and used against you and defeat your claim. Even if you think you are not saying or showing anything that can be detrimental to your case, you might be wrong. It would be best if you stayed quiet about the whole thing.

Inform your workplace injury lawyer if you have already posted sensitive information about the incident on your social network. If they can do anything to lessen the damage, they will.

Not Going to Work Soon Enough and When Able

You need to go back to work as soon as the doctor says so or risk losing benefits to which you might be entitled. For example, suppose the doctor says you are restricted from strenuous activities and your employer delegates you to a lower-paying position. In such cases, you might be able to get compensation for your reduced income. If the WSIB covers your injuries, you may be entitled to assistive devices or relocation benefits if you need them to find work.

However, you can appeal the work readiness classification if you don’t feel ready to go back. Be sure to consult your lawyer if you ever find yourself in this position.

Refusing to Get Legal Assistance

Workplace injuries claims are complex, whether under the WSIB or in civil court, and it can be fatally easy to make a mistake. For example, there are certain limitations to making these claims, so you need to be aware of them. You need an experienced workplace injury lawyer in Ontario to help you navigate the process or risk getting no compensation for your injuries.

Winning Your Workplace Injury Case

Tip 1: Put your smartphone to document evidence.

Your smartphone can capture videos, audio, and images of the accident scene and your injuries. You can use it to take down important information such as the time and location of the incident and possible witnesses.

Tip 2: Look for a security camera.

Look for a security camera at the scene as it can provide footage of the incident. Try to obtain the footage as soon as possible, as that is objective evidence you can use to support your claims.

Tip 3: Call 911.

Call 911 to ask for emergency medical assistance. What you say during the call will be recorded, so make sure you describe the incident, location, and injuries in as much detail as possible.

If you got injured in a workplace accident, get the compensation that’s rightfully yours by seeking the assistance of personal injury lawyers from Diamond & Diamond today.

Pro Tip

Your actions after your workplace injury could significantly affect the results of your case, so be careful about what you do.

Contact Diamond & Diamond Lawyers Today

A workplace injury is not uncommon, but that does not mean it should happen to anyone. You have the right to expect safety in the workplace and the right to benefits and compensation when you sustain critical injuries related to your work.

If you have sustained a work-related injury, avoid these common mistakes. They can keep you from getting compensation for your injuries. Failing to get the proper legal advice and representation as early as possible can be fatal to your claims.

If you are doubtful about what to do or have a hard time dealing with your employer, contact the experienced workplace injury lawyers at Diamond & Diamond immediately. Our lawyers are very familiar with the Workplace Safety and Insurance Act, making them qualified to give legal advice about claims for benefits.They have handled many claims over the years for compensation for workplace injuries caused by the negligence of others.

Call the Diamond and Diamond 24/7 injury hotline at 1-800-567-HURT to schedule a free evaluation of your case. We handle cases for injury victims throughout Ontario.

FAQs on Workplace Injuries

What industry has the highest injury rate?

According to findings from the Association of Workers’ Compensation Boards of Canada, the most lost-time claims in Canada in 2019 are from the Health Care and Social Assistance industries, followed by manufacturing and construction.

How do I prove my injury is work-related?

Your best proof of a work-related injury is documentation. Take photos, videos, and witness statements at the scene and get medical attention immediately to document your injuries.

Can I sue my employer for stress and anxiety?

If you are in Ontario and the Workplace Safety and Insurance Act covers you, the Workplace Safety and Insurance Board (WSIB) is your only recourse for workplace injury compensation. You cannot sue your employer for anything to do with your injury. However, if you are not covered under the Act or choose to forego WSIB benefits, you can file a personal injury lawsuit for economic and non-economic damages, including pain and suffering.

Diamond and Diamond Expands Real Estate Law Services to Province of Alberta

Powerhouse firm opens flagship location in the city of Calgary  

TORONTO – Family firm, Diamond and Diamond, continues to expand their brand of tough advocacy across the nation. In 2017, the firm announced a service expansion from Personal Injury Law to include additional legal services, such as Wills and Estates and Real Estate, across their multiple Ontario offices.

Today, Diamond and Diamond, is pleased to announce the acquisition of MacKay Real Property Law, a highly respected firm with real estate law offices across the province of Alberta.

The deal will allow Diamond and Diamond to provide affordable legal services in the areas of mortgages, purchases and sales of homes, to the over four million residents of Alberta.

The locations of these new offices are:

  1. 8060 Silver Springs Blvd NW, #106, Calgary, Alberta
  2. 2713 14 St. SW, Calgary, Alberta
  3. 755 Lake Bonavista Dr SE #141, Calgary, Alberta

“The merging of our firms represents both an alignment in terms of our values but also shared resources and a fresh, highly diverse team,” said Jeremy Diamond, a Senior Partner at Diamond and Diamond Lawyers. “We are excited about this new chapter.”

Contact: Jordan Whelan, Jordan@greysmokemedia.com, (647)-278-6494

Who is Responsible for Pedestrian Fatalities?

Pedestrian accidents are on the decline in Ontario. According to the Ministry of Transportation reports, the number of pedestrian-vehicle accidents dropped to 2,858 in 2020 from 4,117 in 2019. While that is undoubtedly good news, that number should actually be zero.

A majority of these cases are preventable and often the result of driver negligence. The tragedy is that those who survive with serious injuries may be left with medical bills and income loss because they cannot work.

Those who don’t survive leave behind loved ones that may depend on them for emotional, physical, and financial support. Who is responsible for pedestrian fatalities? A pedestrian accident lawyer will be able to tell you based on the circumstances.

Whatever the case may be, you, as a personal injury victim or wrongful death survivor, may be able to get some compensation for your losses. Pedestrian accident lawyers will know how to advise you and what to do to ensure you don’t have to bear the consequences of someone else’s negligence alone.

How Driver Negligence Causes Pedestrian Fatalities

Negligence is one area of tort law dealing with the breach of duty of care caused by carelessness, not intentional harm. Nevertheless, it results in bodily injury or death to another. In the case of pedestrian accidents, drivers are generally considered at fault.

That is probably why driver negligence results in more pedestrian fatalities compared to other causes. Motor vehicles and pedestrians share the same space. When a driver is distracted, in a hurry, intoxicated, reckless, or careless, there is a good chance they will hit a pedestrian at some point. On the other hand, pedestrians do not always follow the laws about crossing roads or keeping to sidewalks, so they may be partly at fault when involved in a pedestrian accident.

That said, Ontario law places much of the burden of ensuring the safety of pedestrians on drivers in cases of bodily injury or death. Generally, the victim or surviving relatives would have to prove the negligence of the other part when suing for compensation. In Ontario, the burden of proof is on the driver who has to show the absence of negligence or improper conduct. However, failing to prove they are not at fault for the accident does not guarantee a ruling in favor of the plaintiff in a personal injury lawsuit.

Other Causes of Pedestrian Fatalities

A comprehensive review of pedestrian fatalities in Ontario by the Ministry of Transportation identified the following factors that caused pedestrian accidents leading to death.

  • Driver’s failure to yield:  Drivers do not yield to pedestrians when turning left or right or when going through crosswalks.
  • Vehicle speed: Drivers go too fast for conditions, i.e., poor visibility, without necessarily exceeding the speed limit.
  • Pedestrian distractions: Pedestrians talking on mobile phones, texting, listening to music, etc., are factors in many fatalities.
  • Pedestrian crossing against the signal: Not waiting for the “Walk” sign can easily lead to a pedestrian accident.
  • Driver inattention/distraction: The most common cause of pedestrian accidents is when drivers take their eyes off the road when talking to passengers, using a mobile phone, or other distractions.
  • Pedestrian disabilities: People requiring the use of mobility devices such as canes, walkers, and wheelchairs are more likely to be hit by a bicycle or motor vehicle than those without mobility challenges.
  • Alcohol and/or drugs in drivers or pedestrians: Physical and cognitive impairment induced by intoxicating substances in drivers or pedestrians is a significant factor in pedestrian fatalities.
  • Male drivers: Men are disproportionately represented (70%) as drivers involved in pedestrian accidents.
  • Senior citizens: Ontario and the US report similar findings that seniors (over 65) are disproportionately represented (36%) in pedestrian accidents.

 

Tips on How to Lessen Pedestrian Fatalities

Pedestrian fatalities are tragic because they are preventable. You can avoid the consequences of pedestrian accidents either as a driver or pedestrian by acting on the following tips.

Drivers

  • Never take your eyes off the road. If you must check a message, take a call, or program your navigation app, pull over to the side of the road. Checking or answering a text takes about 5 seconds or 300 meters for a car traveling 40 km/h. For perspective, that is more than three times the length of a hockey field.
  • Avoid speeding on city streets. Urban areas are always teeming with people, and pedestrians are not always careful about where or when they cross the street. Keep your speed down, so you have time to react if a child chases a ball right in front of you or someone runs across the street mid-block.
  • Drive according to conditions. Always drive as appropriate for the conditions. Bad roads, poor visibility, rain, and fog can make it hard to avoid hitting pedestrians if you are going too fast. Slow down and keep your windshield and windows clear of obstructions.
  • Be patient. Section 144 of the Ontario Highway Traffic Act requires drivers to stop entirely at crosswalks to allow pedestrians to cross the street before continuing. That can take a long time if many people are crossing or disabled or senior citizens, so be prepared to be patient.

Pedestrian

  • Look both ways before crossing. The first thing parents teach children is to look both ways before crossing the street. Even if a pedestrian has the right of way, that will not help if they get hit by a car because they failed to look both ways before crossing.
  • Make eye contact. Research shows that making eye contact with the driver increases your chances of crossing the road safely, especially in areas with lots of fast-moving traffic. Drivers are more likely to stop if you stare directly into their eyes.
  • Use the sidewalk. The purpose of sidewalks is to keep pedestrians safe from cars and bicycles. Use them.
  • Be visible to drivers. Drivers have to see you to avoid you, and that can be difficult if you are not moving or the visibility is poor, i.e., nighttime. Make sure the driver sees you before you cross the road by waving a hand or moving to a lighted area.

 

Fatal Injuries Resulting from Pedestrian Accidents

Traumatic brain injury

A traumatic brain injury often results in pedestrian accidents at the moment of impact, causing the head to sustain a sudden and severe blow or penetration of the brain tissue by some object. The injury may include bleeding, bruising, or tearing of the nerve fibers that eventually lead to death.

Traumatic asphyxia

Traumatic asphyxia is the mechanical compression of the thorax or chest that prevents the person from breathing, resulting in death. In pedestrian accidents, this commonly occurs when the victim is run over by the vehicle, resulting in the chest collapsing onto the lungs.

Multiple traumatic injuries

Pedestrian accidents often result in bone fractures and organ damage, especially if the vehicle is traveling at high speed. These injuries often prove fatal eventually.

Find out who can be held legally responsible for pedestrian fatalities by talking to an experienced personal injury lawyer from Diamond & Diamond today.

Pro Tip

Always have the presence of mind when you’re walking outside to avoid possible accidents.

Contact Diamond & Diamond Lawyers Today

Pedestrian fatalities are always tragic, especially if they are the result of driver negligence. While the driver might not be entirely at fault, they are ultimately responsible for pedestrian fatalities. They bear the responsibility of ensuring public safety when operating a vehicle.

Even if the accident does not result in death, the consequences for a pedestrian can be devastating. Whiplash, broken bones, burns, scarring, traumatic brain injury, or some other kind of injury can be expensive to treat, especially if they require long-term health care.

If you or a loved one is a victim of a pedestrian accident leading to injury or death, you should contact our pedestrian accident lawyers to get compensation. The lawyers at Diamond and Diamond have decades of experience in handling pedestrian accident cases and have successfully settled them for millions. We work on contingency, meaning you do not have to pay unless we recover money for you.

Call 1-800-567-HURT (4878) and schedule your free consultation today.

FAQs on Pedestrian Fatalities

What happens if you hit a pedestrian and they die?

If you are at fault in a pedestrian fatality due to driver negligence, you may be held liable by the surviving members of the victim’s family for wrongful death. You may also face criminal charges if you leave the scene, are under the influence of alcohol or drugs at the time of the accident, or have acted recklessly.

Is a pedestrian ever at fault?

Yes, the pedestrian may be found at fault if they were breaking the law at the time of the accident, such as crossing the road mid-block or when the signal is amber or red.

What is a negligent pedestrian?

A negligent pedestrian acts carelessly or recklessly when on or crossing the road, resulting in a pedestrian-vehicle accident. Negligent behavior includes distracted walking, weaving in and out of traffic, failing to use the sidewalk, failing to obey traffic signals when crossing, or crossing the road outside the crosswalk.

What Kind of Lawyer Handles Sexual Abuse Cases?

If you ask that question, chances are you or someone you know is a victim of sexual abuse. The quick answer is a sexual abuse lawyer, a personal injury lawyer specializing in sexual violence cases. However, you should know that you are not alone.

Sexual abuse and assault are unfortunately prevalent in Canada. According to Statistics Canada, 11 million Canadians as young as 15 experienced some type of physical or sexual assault in 2018. 

If you or a loved one is a victim of sexual abuse or assault, you need to take immediate action. Sexual abuse often results in deep-seated physical, emotional, and psychological damage that the victim does not get over without help. Confronting the perpetrator and making them accountable for their actions will help victims heal and learn to deal with their trauma.

Sexual Abuse and Sexual Assault

Recent events have highlighted the prevalence of sexual violence worldwide, but that does not mean things are getting better. The #MeToo movement in Canada has made some inroads into exposing the behavior, but people need to do much more to bring the perpetrators to justice.

Sexual abuse or assault is forcible sexual contact with someone unwilling or unable to give consent. Victims of sexual violence often feel shame and fear because,in many cases, they know the perpetrator, and often the perpetrator is in a position of authority.

Sexual abuse vs. sexual assault

Many people use the terms sexual abuse and sexual assault interchangeably. However, sexual abuse is typically associated with sexual contact with a minor. Sexual assault is usually the term used to describe unwanted physical contact with an adult.

Sexual abuse is a criminal act because children cannot give consent to any type of sexual behavior with an adult.  Sexual abuse is not necessarily physical contact. A child made to watch an adult film is one type of sexual abuse.

Sexual assault, on the other hand, is any unwanted physical contact, from touching to rape. A person can be a victim of sexual assault without rape, but rape is an extreme example of sexual assault.

Sexual abuse of children

Any type of sexual violence is horrendous. However, sexual abuse may be far worse because it happens to children. Children are highly vulnerable, and many never recover from the trauma. Those who do not receive the appropriate intervention often develop symptoms of post-traumatic stress disorder, depression, anxiety, and suicidal thoughts over the long term.

While reporting the crime to the authorities and putting the perpetrator in prison is the first order of business, a criminal court will not compensate the victim for any damages.  You should also consider the benefits of filing a personal injury lawsuit against the abuser to enable you to cover the costs of recovery from the trauma.

Considerations before Hiring a Sexual Abuse Case Lawyer

Sexual abuse cases are tricky because you are dealing with children. Having them relive their experiences can be very traumatic. You must make sure you choose a lawyer specializing in these cases because they are more likely to handle children properly.

An excellent way to find a specialist in sexual abuse cases is to check their track record. While more than a third of sexual abuse happens in the home, quite a few involve the church, school, or daycare setting.  You want to choose a lawyer who has successfully handled sexual abuse cases in as many of these scenarios as possible. That will increase the likelihood of a positive outcome in your personal injury case.

Reasons to Hire a Personal Injury Lawyer for Your Sexual Abuse Cases 

Anyone can file a lawsuit for personal injury in Canada. You do not need a lawyer to do that. However, personal injury lawsuits can be complicated, especially in sexual abuse cases involving a minor. It can be easy to make a mistake that can ruin your chances of getting compensation. Lawyers are less likely to make mistakes in filing and pursuing a personal injury case, although that has happened.

If you want to get the compensation you deserve, you want an experienced personal injury lawyer to handle it for you. They are thoroughly conversant with the applicable laws and the process, and they have the experience to assess the value of your case. Personal injury lawyers are also familiar with strategies and tactics when representing you in a court of law to help you win your case.

Types of Harm Suffered Due to Sexual Abuse

Physical Harm

Aside from physical injuries resulting from forcible sexual contact, victims may get pregnant or acquire sexually transmitted bacterial or viral infections such as HIV, syphilis, or gonorrhea. In addition, victims often resort to self-harm as an after effect of the abuse.

Emotional Harm

Victims of sexual abuse often experience intense fear or anxiety and may have difficulty developing healthy relationships; many resort to substance abuse.

Psychological Harm

Sexual abuse can lead to several psychological problems: anorexia, bulimia, disassociation, sleep disorders, depression, and suicidal thoughts are just some of them.

If you’re a sexual abuse survivor, talk to a lawyer from Diamond & Diamond now to get legal assistance.

Pro Tip

If you experienced sexual abuse even a long time ago, you could still recover compensation from the damages that it incurred to you.

Contact Diamond & Diamond Lawyers Today

Being a victim of sexual abuse is a serious problem. Even if the event or events happened a long time ago, the effects linger on to hinder the child’s physical, emotional, and psychological development. If you are a victim of sexual violence, you can make your abuser pay for their behavior by filing a personal injury lawsuit.

The personal injury lawyers at Diamond & Diamond can help. We have years of experience in handling claims for compensation by people suffering physical and psychological injuries resulting from sexual abuse, assault, or harassment. If you want to file a claim, you should speak to one of our lawyers. We do free case evaluation for injury victims throughout Ontario.

Call the Diamond & Diamond 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now.

FAQs on Sexual Abuse Cases

What should I do if the sexual abuse is perpetrated by a member of the same sex?

You should report it in the same way as sexual abuse perpetrated by the opposite sex.  Sexual abuse is criminal behavior, no matter who does it.

Can businesses be held responsible for sexual abuse?

Under Ontario law, a business can be liable for sexual abuse claims if the employer, housing provider, educator, or other responsible parties directly or indirectly authorizes, condones, or adopts behavior that may lead to sexual harassment or abuse, with or without intent.

Should I report sexual abuse?

Yes, you should report sexual abuse to the authorities as soon as possible. Failing to do so harms not only you but also creates the potential of harm to others.

What to Do If the Insurance Company Refuses to Pay My Car Accident Claim

Car accident insurance is mandatory in Canada if you drive or own a vehicle. The insurance types and minimum coverage will depend on your province or territory. The Financial Services Commission of Ontario, for example, requires a vehicle owner to have $200,000 in Third Party Liability as well as the following coverage:

  • Statutory Accident Benefits
  • Direct Compensation – Property Damage
  • Uninsured Automobile

Most people find the car accident insurance requirements burdensome, and it isn’t cheap. Ontario residents can expect to pay a minimum of $1,103 a year in premiums, more if they are in the high-risk category. 

However, you will appreciate your car accident insurance if you are ever involved in an accident. How much does your car insurance go up after an accident? Quite a bit, but at least you will not have to pay most of the property damage costs right now. You can also make a car accident insurance claim for personal injuries to you, your passengers, or a third party.

The problem is what to do if the insurance company refuses to pay? Find out more about the causes of insurance claims denial and how to avoid it.

Insurance Claims Denial

As you can probably imagine, car insurance claims denial is when the insurance company refuses to pay your car accident claim. A claims denial can be a devastating blow following the trauma of a car accident, especially if it involves bodily harm to you, a loved one, or a third party.

Car accidents are notorious for causing numerous types of personal injuries. The most common is whiplash injuries, where the neck suffers trauma from sudden deceleration associated with a rear-end collision.  The effects can be debilitating in serious cases, and they can last for years.

A concussion is similar to whiplash in cause, but it is much more severe because it is an injury to the brain. The victim appears to recover entirely in some cases but may have persistent headaches, dizziness, and cognitive impairment that can last for months. Learn more about the other types of personal injuries.

Possible Reasons Why Insurance Companies Don’t Pay Accident Claims

Insurance companies routinely deny claims in the hope that the claimant will not challenge them. There are different reasons insurance companies may put forward to deny personal injury accident claims.

There are liability and coverage issues present

Coverage issues are common reasons for car insurance claims denial. Perhaps the amount of your coverage exceeds the cap of your policy, in which case you would be liable for the balance.

Another scenario is the accident that happened that qualifies as an exception for your policy. For instance, some policies stipulate that off-road driving is not covered. If you want to avoid such issues, check your policy exceptions and limits to ensure you have the appropriate kind and amount of coverage for your lifestyle.

The insurance company questions your injury

People often make the mistake of not documenting their medical condition at the time of the accident when filing an insurance claim for an injury. The insurance companies willtake every chance to doubt the extent or nature of an injury if you do not have proof that you sustained it in the accident.

The best way to avoid this pitfall is to go to the hospital to have a doctor examine you even if you feel the injuries are minor. The symptoms of whiplash and concussion, for instance, may not be immediately apparent to you, but it will be to a doctor. Broken bones, contusions, and other obvious injuries should definitely go on the record.

The insurance company believes that the injury is fraudulent

Insurance companies are often the target of fraud, so it is not surprising that they may be skeptical of injury claims from accidents. Some people exaggerate their injuries to get a higher payout, which is unfortunate for real car accident victims. Your best move in this situation is to document the scene of the accident, take photos of your injuries, and get statements from witnesses to corroborate your claims. A report from first responders and a medical certificate from a doctor will also be indisputable evidence for your claim when you challenge a denial.

Handling the Refusal of Insurance Companies’ Car Accident Claim Payment Failure

Getting upset when you first hear about the refusal of the insurance company to pay a claim is understandable. However, avoid going with your instincts. You must handle the insurance claims process with finesse so you can get the most out of your claims. Here are the things you should do.

Avoid emotional responses

An emotional response to denial can lead you to do and say rash things that the insurance company representative might hold against you. Exercise restraint and count slowly to ten when you feel your temper start to rise.

Ask for an explanation

Instead of giving in to your feelings, give the insurance adjuster a chance to explain the denial by asking and listening. They might have a good reason for denying your claim of which you are not aware.

Review your policy

Before going off half-cocked, ensure that you are on the right side of the argument. See if the denial of the claim was reasonable based on the limits and caps of your insurance coverage.

Keep a record of every interaction that you have with your insurance company

Whether you believe that the insurance company is trying to short-change you or not by denying your claim, document all transactions you have with its representative. Keep all text messages, emails, letters, and forms. Record your phone conversations with or without their permission (Canada has a one-party consent rule), so you have proof of what was said and promised.

Complain to authorities

If you are not satisfied with the outcomes of conversations with your insurance company, you can file a case with the General Insurance OmbudService or GIO. The GIO is a non-government body that oversees the insurance companies in Canada and handles consumer complaints regarding their auto, home, and business insurance.

Be persistent in your cause

Insurance companies deny claims and make it difficult to dispute them,hoping that people will simply give up. Disputing the denial of a claim is often a complicated process and takes a long time, but keep fighting for your rights. Continue following up and exploring all avenues to reverse the denial and get the compensation you deserve.

Ask for your lawyer’s help

If you have tried everything and are not getting any relief, it might be time to bring in the big guns. Experienced car accident and personal injury lawyers have the resources, knowledge, and expertise to give you the best possible advice on your case. In most cases, insurance companies are more willing to compromise when you get lawyers involved.

File a lawsuit

Most people balk at the idea of filing a lawsuit for a car accident claim, but sometimes you have no other option to get insurance companies to come to the table. Insurance companies acting in bad faith deserve it. They might be motivated to offer a settlement to avoid going to court, which might be a good thing if it is a reasonable offer. In either case, your lawyer will be your champion all the way.

Preparing Your Case to Court

Step 1

Both parties will issue pleadings in which your lawyer will issue a statement of claim that includes the amount, facts, and allegations of the claim that makes the insurance company (defendant) liable for the specified amount. The statement of defence will provide facts that show the defendant is not liable for the amount claimed. Your lawyer may then reply to the defendant within ten days. At this point, the court may also file a jury notice. 

Step 2

Both parties must then exchange an affidavit of documents within 20 days after the pleadings. These are documents that set out the relevant issues in the lawsuit, divided into four schedules. After the submission of all documents, the discovery process begins. Either party may request mediation at this point to settle the case.

Step 3

If there is no settlement, the lawsuit goes to trial before a Superior Court Justice and a jury of six people if appropriate. Five jurors may render a decision.

If you’re unsure of where to start with your car accident insurance claims process, schedule an appointment with Diamond & Diamond Lawyers and they’ll be happy to assist you.

Pro Tip

Be careful what you say in front of your insurance provider because they might use your words against you.

Contact Diamond & Diamond Lawyers Today

It might seem that your insurance claims process for a  car accident has been dragging on forever and with no end in sight. You can put an end to the torture by contacting Diamond & Diamond Lawyers today.  Our personal injury lawyers have served clients in Toronto and across Ontario. We have successfully helped victims through car accidents and other insurance claims for 40 years.

Suffering a personal injury due to a car accident can be a devastating experience, and fighting to overturn a denial of a car insurance claim only makes it worse. Diamond and Diamond’s team of lawyers will take on the insurance companies and make sure you have the proper representation. Get a free case evaluation to  have a better idea of the merits of your claim.

 

FAQs on Car Accident Insurance Claims Process

Can an insurance company ignore a claim?

Yes, insurance companies can ignore or delay responding to a claim to reduce payouts. However, that will open them to a formal complaint to the relevant authorities at the provincial and territorial levels.

How long does an insurance company have to settle an auto accident claim?

Once an insurance company receives the completed Accidents Benefits Application Package from you, they have ten days to assess the claim and ask for additional information. The time limit to settle a claim will depend on the terms of your policy. You have two years to file a dispute if your claim meets with a denial.

What do you do when an insurance company won't respond to your claims?

You can first seek the assistance of the General Insurance OmbudService or GIO. The GIO is a non-government body that oversees the insurance companies in Canada and handles consumer complaints regarding auto, home, and business insurance. If that does not pan out, the next step is to consult a personal injury lawyer.

Severe Burn Injuries

You can treat minor burn injuries, but other injuries cause lasting damage to your bones, muscles, or skin. It may require long-term medical care. The kind of burn injury you experience often depends on how severely your skin has been damaged and what caused it. Burn injuries often hurt a few layers of your skin. Deeper burn injuries may damage your bones, tissues, and muscles.

 

According to the World Health Organization, burn injuries are a global public health problem, causing an estimated 180,000 deaths annually. Non-fatal burns are the leading cause of morbidity, including temporary and permanent disability, disfigurement, or prolonged hospitalization. It often leads to rejection and stigma.

Common Causes of Severe Burn Injuries

Open flames are one of the standard causes of people getting burned, but there are other causes, too, including:

Thermal Burns

You can suffer thermal burns from touching an extremely hot object. “Hot” things can range from scalding liquid, steam, fire, and more.  

Radiation Burns

Your exposure to X-rays, UV rays, or other sources of radiation can cause radiation burns. On top of that, overexposure to the sun’s UV rays is also one of the leading causes of radiation burns. Such burns can be noticed from days to weeks as compared to thermal burns which can be immediately seen.

Chemical Burns

Using harmful detergents, substances, acids, or solvents without any protective gear can result in chemical burns. Additionally, misuse of household products, including cleaning solutions, is another leading cause of this problem. Handling strong chemicals or acids at the workplace, especially in industrial settings, can also cause chemical burns.

Electrical Burns

You can also suffer from electrical burns if your skin comes into contact with electricity. It can happen when you don’t turn off the circuit breaker when repairing appliances, children play with electrical cords, or if you touch exposed wiring from a device. Electrical burns can be either a superficial skin injury or a serious one that damages the organs and tissues.   

Different Types of Severe Burn Injuries

Doctors have categorized burn injuries based on how deeply your skin has been damaged, labeling them as “degrees.” You can suffer a first-, second-, third-, or fourth-degree burn. The more serious the burn injury is, the higher the degree.

 

First-Degree Burns

First-degree burns are superficial injuries that only affect the upper layer of your skin. Swelling, itchiness, and redness of the skin are some of the symptoms you can get. In a few days, you may even notice skin peeling from the affected area

Second-Degree Burns

Second-degree burns are not as superficial as the first level because it damages the upper two layers of the skin. It can result from contact with boiling water, exposure to fire, or severe exposure to the sun’s UV rays. Depending on the affected area, its symptoms can include intense pain, discoloration, moisture, and blisters.

Third-Degree Burns

Doctors also call these injuries “full-thickness burns.” It damages the fat tissues underneath the skin and the upper two layers. Your skin will look charred and appear black, brown, or white. You may also feel a dry, leathery texture if you touch the damaged area.

Fourth-Degree Burns

Fourth-degree burns damage the upper layers of your muscles, nerves, tissues, and skin. Your skin can also have a charred appearance, and bones can also be exposed. You won’t feel any discomfort because the injury may have seriously damaged the nerves.

Prevention Tips Against Severe Burn Injuries

You can always prevent burn injuries in different ways. Burn prevention strategies should address the other dangers associated with specific injuries, training communities in first aid. It should focus on educating the particular population and group that’s more susceptible to these injuries.

 

But you don’t have to depend on those kinds of strategies. Here are a few things you can do at home to lessen the chances of suffering from severe burn injuries.

Set the thermostat’s temperature low.

Your water heater’s thermostat should only be at 120 F (48.9 C) or lower.

Be careful not to spill hot beverages.

Don’t cook, drink, or carry hot meals or beverages while taking care of your child. You should also keep those away from tables and countertops.

Don’t forget to unplug your appliances.

Home appliances, like the iron, will get extremely hot. You should remember to unplug appliances to stop them from starting a fire or burning other people, especially children.

Make sure your food isn’t hot.

Be careful with beverages or meals warmed in a microwave oven. There are also objects that you can’t put in a microwave oven because they can’t warm up evenly.

Use covers for your outlets or sockets.

Make sure to use safety caps for electrical outlets and sockets. You should also repair damaged, brittle, or frayed cords.

 

Compensation for Severe Burn Injuries

Economic Damages

One example of economic damages is lost income. It may refer to lost income since the accident and the income you may be expected to lose in the future if permanent injuries affect your work from now on. You can be compensated for out-of-pocket expenses incurred due to the injury. You can also claim payment for medical treatments expected in the future and past medical bills.

Non-Economic Damages

Non-economic damages may refer to pain and suffering resulting from the recovery, injury, or accident. It can also affect your relationship with other people. Emotional and mental anguish caused by accidents or injuries is also a part of non-economic damages.

Punitive Damages

Punitive damages are also called exemplary damages. It’s awarded to stop the defendant and others from causing the similar accident that gave rise to the lawsuit. Punitive damages punish the defendant for their actions. Judges use punitive damages to set a public example.

 

Did you or anyone you know suffer from severe burn injuries? Contact a personal injury lawyer from Diamond & Diamond to help you navigate every step of your case. We can represent you to ensure that you receive the compensatory benefits you deserve.

Pro Tip

Soak the burned area in cool water to relieve the pain immediately. Seek medical attention promptly.

Consult With A Severe Burn Injury Lawyer

Getting severe burn injuries can be traumatic. It can also take a long time to heal. Your injuries can significantly affect your daily lifestyle, which is why you should reach out to a burn injury lawyer. Contact Diamond & Diamond to get your case started and get the compensation you deserve.

 

Severe Burn Injuries FAQs

What are the common complications of severe burn injuries?

Severe burn injuries may cause complications, including:

  • Joint and bone problems: It may include when scar tissues cause the tightening and shortening of tendons, muscles, and skin.
  • Ridged areas or scars caused by an overgrowth of scar tissues
  • breathing problems from the intake of smoke or hot air
  • Dangerously low body temperature (hypothermia)
  • Fluid loss such as low blood volume (hypovolemia)
  • Bacterial infections that lead to bloodstream infection (sepsis)

Is there a statute of limitations for severe burn injury cases?

Yes, there is a statute of limitations for personal injury cases which include severe burn injury cases. Under the Ontario Limitations Act, the general statute of limitations for filing a personal injury lawsuit is two years from the date of discovery of the claim. A lawsuit filed after the expiration of two years is subject to dismissal by the court. 

A severe burn injury case may constitute a personal injury case in the event that the injury was caused by negligence of other parties.

What happens if I am partially responsible for my severe burn injuries?

Your settlement depends on who was responsible for the burn injury. One party may be ultimately responsible, or the victim may be partially at fault. Often, the responsibility for compensating a victim can be split or reduced among different parties accordingly.

How To Avoid Pedestrian Accidents In Ontario


Pedestrian vehicle accidents happen more often than we think they do. Just like any accident, either the pedestrian or the driver could be at fault. It’s never always the driver’s fault, neither is it always the pedestrian’s fault.

Unfortunately, since we all are pedestrians at a certain point, pedestrian accidents are serious. According to the National Highway Traffic Safety Administration or NHTSA, over 6,000 pedestrian fatalities in 2019 due to car crashes.

Pedestrian vehicle accidents could have effects that are not always immediately visible to the naked eye—for example, brain injuries, long term or permanent disabilities (different forms of disability). 

In many cases, it is best to seek the help of pedestrian accident lawyers to guide you on what you need to do.

Let’s talk about how to spare yourself from being a pedestrian accident victim. Similarly, we will also talk about avoiding being involved in pedestrian vehicle accidents if you are the driver.

Walking Safety Tips To Avoid Pedestrian Accidents In Ontario

Even if you drive your car to places, being a pedestrian at some point is inevitable. The moment you get out of your car and walk towards a restaurant, your office building, or merely crossing the street makes you a pedestrian. 

In a matter of minutes or a split second, a pedestrian accident can happen if you aren’t careful.

Below are some of the things you can do to avoid getting in a pedestrian accident. These are pretty easy. However, many pedestrians unconsciously neglect these basic rules, thus getting into accidents.

  • Never use your cellphone while walking on the streets. Just like driving, you should always keep your eyes on the road. Always be alert.
  • Walk on sidewalks or, when unavailable, walk against the traffic, not along with it.
  • Keep yourself far from the traffic as much as possible.
  • As much as possible, use crosswalks to get to the other side of the road.
  • Never cross the street when there are approaching vehicles.
  • Do not race against the vehicle by attempting to cross to the other side of the road. 
  • If there are approaching vehicles, stop and stay put. Wait for the street to clear out of cars.
  • If you often cross the street at night, bring a flashlight to be more visible on the road.
  • Be mindful of cars exiting driveways, parking, turning on curbsides, etc. 
  • Do not walk or cross the street unassisted if you are under the influence of alcohol.

How To Avoid Pedestrian Vehicle Accidents If You’re Driving

When you’re driving a vehicle, you can also get into pedestrian vehicle accidents. 

The rules to avoid accidents are pretty similar to how you can prevent accidents as a pedestrian. Whether you’re a driver or a pedestrian, it all boils down to discipline and mindfulness. 

As a driver, it is your sole responsibility to be careful and be law-abiding while on the road. 

Being a driver is never a walk in the park because you are keen to follow the rules and avoid accidents as much as possible.

Let’s talk about the things that could help you avoid getting involved in pedestrian vehicle accidents. Pedestrian vehicle accidents can be fatal and can be life-threatening to both the driver and the pedestrian.

  • Keep your eyes peeled. Look out for people standing on the curbside. 
  • Look out for those about to go into the crosswalks and pedestrians walking along the streets.
  • Ensure that your eyesight is clear enough to see from afar. If not, get your eyes checked for the possibility of prescription glasses.  
  • Suppose you struggle to drive at night due to the weather. Lighting and road conditions, use extreme caution at all times. 
  • When making a turn or approaching a crosswalk, always slow down or be prepared to yield.
  • Come to a complete stop when you pedestrians attempt to cross the streets.
  • Do not pass vehicles that are stalled/stopped at a crosswalk. There may be people approaching that you don’t see.
  • Do not ever drive under the influence of alcohol.
  • Follow the speed limit everywhere (churches, school zones, and neighborhoods)

Damages That Can Be Compensated In A Pedestrian Accident In Ontario

Rehabilitation costs

This is the amount you have spent on treatment after a pedestrian accident. 

Whatever you may have spent while seeing a physical or occupational therapist is included here. 

Ambulance costs

The ambulance cost may vary in 2 different ways. One is how much you have to copay with your health provider. Another factor that affects the total cost of ambulance services is if you do not have this covered by your healthcare provider. 

Prescriptions

Prescriptions are the medications/therapies/rehab sessions your doctor has given you after arriving at a final diagnosis.

Transportation to doctor

“Transportation to the doctor” is the cost incurred by a vehicle that brings you to and from your doctor’s appointment.

Because the situation is not considered an emergency, a family member or even yourself can charge/claim for transportation to doctor fees and costs in the claim.

Loss of income 

This is one of the economic damages your pedestrian accident lawyer will work on getting a claim.

It is evident that while you are recuperating, you will not have the physical/mental ability to work. 

This makes you eligible to file for economic damages such as loss of income. 

Pain and suffering

This is non-economic damage that your pedestrian accident lawyer will also fight for. 

Rehab, therapies, trauma, mental and emotional challenges caused by the accidents may also be quantified and can have a possible claim. 

Punitive damages

In layman’s terms, this is a kind of “punishment” cost for the negligent actions of the at-fault party. 

If you’re looking for a personal injury lawyer in Ontario to help you with your pedestrian accident case, contact Diamond & Diamond Law today! We offer a FREE case evaluation for all our clients.

Pro Tip

If you’re able to, gather information about the driver who caused the accident.

Have You Been in a Pedestrian Accident?

Before things get hazy, get your resources ready. Get in touch with a pedestrian accident lawyer. This move will allow you to think with a sound mind without giving in to the pressure of the situation. 

Reach out to a personal injury lawyer so they can properly guide you on what to do. Do not allow the other party to lowball you when it comes to settlement. Let the experienced pedestrian accident lawyers handle the case for you.

Contact Diamond & Diamond Law today to get a FREE case evaluation.

FAQs About Avoiding Pedestrian Accidents in Ontario

Do pedestrian accidents that don’t involve vehicles exist?

62% of pedestrian accidents involve a vehicle. There have been accidents listed involving pedestrians that don’t involve cars. Most often, these non-vehicle related pedestrian accidents have something to do with ongoing road words, debris falling from construction sites, etc.

How is fault determined in pedestrian accidents?

A thorough evaluation is made by pedestrian accident lawyers. However, in most cases, but not all, the driver is mostly at fault especially when they have been found to be in violation of traffic rules.

What is the driver's duty of care?

The driver’s duty of care means that as a driver it is your responsibility to exercise extreme care and caution when driving. This prevents accidents from happening and prevents you from doing harm to other people.

An Overview on Structured Settlements

Incidents may be deliberate or inadvertent. But what’s certain is that they compel people to face the fear of suffering and even death. Personal injury always inflicts pain on a person’s body, mind, and emotions. It can be minor wounds and bruises. Sometimes it can lead to impairment and loss. Moreso, the invisible marks you’ve sustained can leave you catatonic. 

Physical injuries can be traumatic to many people. Despite the evidence and witnesses, getting compensated is still a complicated process. The lack of ideas and the stress of legal proceedings discourage many people from asserting their rights. 

With the help of a personal injury lawyer, things can become easier. You can be compensated for your injuries, minor or serious. One of the most common forms of repayment is a Structured Settlement. This article will give you an idea of a structured settlement’s nature and functions.

An Overview on Structured Settlements 

How Does a Structured Settlement Work?

A structured settlement is a negotiated stream of payments (financial or insurance) to an individual who won a civil lawsuit. It is either offered by the defendant or requested by the victim or plaintiff to avoid trial. It differs from lump-sum payments. It guarantees financial security to the recipient in the long-run. A structured settlement in Canada was first used as part of a congenital disability claims settlement. It arose from pregnant women who used Thalidomide. Currently, it covers various types of lawsuit settlements such as aviation and construction.

With the structured settlement, you need to ensure company payments over the years. It is quite risky on the victim’s part because he/she must always depend on the company’s solvency. If it shuts down or goes bankrupt, he/she may lose his/her structured settlement instantly. 

Moreover, it includes income tax and spendthrift provisions. More often than not, periodic payments are funded by purchasing annuities with future payments. For this reason, structured settlements are sometimes referred to as periodical payments. It may also be called a structured judgment when incorporated into a trial judgment. 

Types of Structured Settlement Cases

A structured settlement arises from the agreement on a payment schedule. The defendant’s insurance company transfers the portion to another insurer. It is usually an insurer that works on structured settlements. It can be received for different reasons. The list below shows some instances where a plaintiff can request a structured settlement. 

Personal Injury

Personal injury arises from a lawsuit filed by an individual harmed by another individual. Its primary purpose is to seek the rightful compensation for injuries. Structured settlements can provide funds for medical expenses and other related costs. 

Workers’ Compensation

Workers’ compensation is a payment for workers recovering from work-related injuries. These serve to replace lost wages and pay other expenses when injured employees can’t work. 

Medical Malpractice

Doctors can do more harm and damage than help. Sometimes patients get injured due to negligence or utter disregard for their safety. With that, they can request a structured settlement for medical malpractice. If it results in the patient’s death, families, friends, or close relatives can do so. 

Wrongful Death

The structured settlement also applies to families claiming the loss of loved ones. Upon the death of a loved one, beneficiaries may receive a stream of tax-free payments.

Calculating the Amount of a Structured Settlement

A structured settlement can work in various ways. It can act as income replacement or payments for costs. It is essential for the younger ones. Structured settlements for minors can guarantee a stream of tax-free payments for their future. The funds come from an annuity to provide periodic payments to the injured party.

These may be in different forms. They can either be in a lump-sum payment or structured payments over a fixed period. Up-front cash payment can also be considered. It covers more immediate needs and future periodic payments over an extended period. Hence, it can be negotiated and estimated using the following considerations:

  • the length of the structure
  • frequency of payment (monthly, quarterly, semi-annually, annually)
  • the amount that you want to receive in each payment
  • a lump sum payment at the end of the specified period
  • the ending of payments if the plaintiff dies before the end of the structure or payment continuation to your heirs

Since it is locked in for the recipient, it’s virtually unlimited, considering its design and function. But a person may choose to receive it as a lump-sum payment in the future, like after 20 years. It can be received monthly or lump-sums distributed over a specific period. Suppose you and the defendant agree on a structured settlement. You will receive $100,000 per year for ten years. As agreed upon, payments will continue to your heirs before the 10th year. With that, you and your heirs will receive $1,000,000 over the specified duration.  

But since it is a future income stream, you have to estimate it using its present value. If the inflation and interest rates are constant, the money in the bank will grow over time. Even so, you will still receive $1,000,000. The amount to be put in the bank will depend on its present value and fixed interest rates. Assuming that the bank uses a simple interest method, the interest will simply accumulate over time. If the interest rates are set at 10%, the defendant will only have to put $500,000 in the bank since it will earn $50,000 every year. 

Considerations Before Buying a Structured Settlement

Tax implications

It pertains to the effect of a person’s action on taxation. Generally, structured settlements are tax-free.

Life expectancy

It refers to the number of years a person may live. 

Money management skills

If you prefer periodic payments, a structured settlement is a good fit for you. 

Other financial resources available

Before choosing between a structured settlement or a lump-sum payment, you must consider your financial resources. If you don’t need a large amount immediately, you may choose a structured settlement. 

Specific terms of the annuity policy

Annuities guarantee periodic payments over a specific period. 

You can contact Diamond & Diamond Lawyers if you have a question about structured settlements or have experienced an injury and need to seek compensation with the help of our personal injury lawyers.

pro tip icon

Pro Tip

A structured settlement benefits and advantages should always be discussed with your lawyer. Remember that it is completely your decision if you choose a lump sum or structured settlement in a personal injury case.

Speak to a Personal Injury Lawyer Today!

If you’ve sustained an injury and wish to know more about structured settlements, you may seek assistance from Diamond & Diamond’s personal injury lawyers in Toronto. To speak with our personal injury law services, or to set up a free consultation, contact us today, and let’s talk.

FAQs on Structured Settlements

What is the difference between an annuity and a structured settlement?

Most structured settlements are annuities, but they are different from each other. Structured   settlements are periodic payments to the plaintiff in line with specific court cases. A life insurance company funds these through an annuity contract. Meanwhile, annuities can also be used in retirement funds and investments.

What percentage do structured settlement companies take?

Factoring companies usually take 9-18% to cover their operating costs and generate income.

Are structured settlements worth it in a personal injury case?

In general, lump-sum payments are better than structured settlements. But structured settlements offer some advantages. It guarantees that you won’t spend your money immediately and saves it from taxes.

How to Prevent Slip and Fall Accidents

From bruises and bumps to amputations and death, statistics show escalators in Canada are becoming increasingly dangerous. In the past six years, 1,225 people have been injured where 69 victims were permanently wounded. In the same year, six people were killed. In addition, the data showed that the number of incidents increased between 2011 and 2016, rising at an average rate of 14% annually. Major injuries have been rising by 8%.     

Thousands of commercial and residential escalators are still safe. Major injuries and deaths connected with their use are relatively rare. Many mishaps are related to leveling issues. It refers to the instance when an escalator fails to stop flush with the floor despite the implemented stipulations that they should feature “stopping accuracy.”  

Escalator Accidents in Canada  

Escalator Accidents in Canada

One of the most typical causes of escalator accidents happens when the machine or the areas used to exit or enter them become slippery. Most public spaces don’t have any implemented policies about the use of carpets or warning signs during extreme weather conditions, relying on individuals to look out for any threats. However, many people focus more on their children, advertisements or mobile phones, or where they’re headed to check if the area is slippery.

Escalators making an emergency stop is another common cause of accidents, jerking people off balance. It’s hazardous when the escalator is crowded during rush hours at the tube or train station. Though rare, people can still get injured when one item gets caught in the escalator’s parts, resulting in an emergency stop.      

Common Causes of Escalator Accidents in Ontario

Elevator and escalator accidents aren’t as rare, you may think, especially at rush hours or the busy hours of the day. While most accidents result from individuals impatiently pushing past others or carrying too much luggage, you can get injured due to hazards around the area or mechanical failure. Let’s take a look at the most typical causes of an elevator accident in Toronto:

Inadequate Inspections and Maintenance

Not inspecting the escalator is the most common cause of a Toronto elevator accident. Due to heavy traffic, escalators are subjected to regular, daily thorough inspections. Maintaining them is also crucial. If establishments don’t inspect their escalators regularly or ignore them, minor problems that get ignored can lead to significant accidents.                          

Broken or Missing Escalator Steps

Escalator steps should be durable enough to withstand heavy traffic. But no matter how stable the stairs are, they can still get damaged over time and even malfunction. Maintenance personnel should inspect the steps regularly for wear and tear. Then, replace or repair the broken or damaged areas. Overlooking these problems can make things worse, causing an escalator accident.

Problems with the Escalator Handrail

Handrails offer crucial support while riding on an escalator. Inadequate maintenance can cause the fence to come to a sudden stop or slow down even while the escalator steps keep on moving. It can catch the rider off guard, causing them to lose control and fall. It leads to severe injuries.

Comb Plate Issues

Comb plates refer to the grates at the exit and entrance points of an escalator. These can come loose over time or have missing teeth or protruding screws. Your clothing items or shoelaces can get caught in a damaged comb plate, trapping and injuring you.

Inadequate Training for Maintenance Personnel

Without proper training, minor defects may go undetected, leading to catastrophic consequences. If the establishment doesn’t train their personnel and someone gets injured, they can get sued for compensation for the escalator accident.

Mechanical or Electrical Faults

Escalators use complex heavy machinery underneath the walking surface. Faulty wiring and other electrical problems can lead to escalator failure, resulting in it starting or stopping suddenly. It throws people off control and balance. Falling down the escalator or slipping on a sharp edge of the metal steps can lead to severe injuries, ranging from broken bones and fractures to severe lacerations.

Design Defects

Escalators can have defective designs. It can be due to wrongful execution of the plan or an error in the building itself. One of the more typical design defects is unbalanced leveling that causes tripping hazards. Huge gaps between the sides and steps of the escalator is another common design defect that can catch trouser legs or shoelaces, trapping you.

Overcrowding on the Escalator

You can find visible notices at the entrance points warning you about the dangers of overcrowding. However, when riders are in a hurry, they might not check the warning signs and ride on the escalator despite it being crowded. Other riders add to the danger by trying to push past others or carrying excessive luggage. Doing this can cause overcrowding, causing the escalator to stop suddenly. It can result in a significant disaster because most riders will lose their balance and get trapped or fall.

Wet or Slippery Steps

Establishments should put warning signs at the entrance points to inform the public if the area is slippery and wet. It should be placed when it’s snowing or raining. Most people use the escalators, but they don’t bother looking out for dangers unless they see a sign. Other escalator accidents result from not using signages to warn people about slippery and wet steps, making slips and falls another common problem you can encounter.

Common Causes of Escalator Accidents in Ontario

Injuries Sustained in Escalator Accidents

Injuries caused by escalator accidents depend on different factors, but one of the most important is the kind of accident. Here are some of the life-altering injuries:

Escalator Accidents Statistics

Deaths

Escalators kill about 30 people per year on average. Nearly half of these casualties are from working on escalators, and the other half are passengers. One of the common causes of death is due to people falling into the escalator. In addition to casualties, injuries can also occur. It can be minor or severe.

Falls

On average, there are about 17,000 escalator injuries per year. It may seem high, but it’s pretty low if you think about the number of times people ride on escalators in a year. Try to compare this to the roughly six million car accidents per year. You’ll soon realize that escalator accidents are rare, but they still occur.

Accidents involving children

There have been several reports of entrapment – when shoes, feet, or hands get trapped in the escalator. Your kids can still ride escalators, but you have to ensure their safety. You should:

  • Stop them from playing or sitting on the escalator. Your kids shouldn’t make the escalator an amusement park ride.
  • Encourage them to step off at the end, hold their hand, face forward, and stand in the center of the escalator.
  • Tie their shoelaces before riding the escalator.

Most importantly, know where the emergency shut-off button is so that you can turn off the escalator if someone gets trapped while riding.

 

Have you been in an escalator accident? If so, contact Diamond & Diamond Lawyers to get a FREE case evaluation and get the compensation you deserve for the negligence of the establishment.

pro tip icon

Pro Tip

“Whenever you’re going to ride an escalator, it is best to check whether the steps are wet to prevent yourself from slipping.”

Escalator Safety Tips

While malfunctions and design defects are out of your control, there are a few things you can do to avoid getting injured while riding an escalator.

  • If possible, face forward and stand in the center of the step. Don’t go near the sides of the steps.
  • Hold on to the railings. It can support you if the escalator suddenly stops or if another person pushes past you while rushing.
  • Make sure your trousers and shoe laces aren’t trailing behind. It would help if you tied or secured them. Trailing shoelaces can get trapped in the smallest area between the steps, pinning you against the steps or the sides.
  • Make it a habit to check where the emergency shut-off buttons are. It can keep you safe during emergencies.

FAQs on Personal Injury Lawyer Serving Cornwall

What compensation can I get from escalator accident claims?

Escalator injuries could fall under premises liability if the escalator were defective, if there was product liability, or if there was an unsafe condition. In either case, there are a few different kinds of compensation you can get, including:      

  • Disfigurement and disability
  • Loss of companionship and affection
  • Mental anguish
  • Pain and suffering   
  • Loss of diminished earning capacity
  • Medication costs          
  • Future and current medical expenses

How should I start my escalator accident claim?

If the accident was caused by negligence, you could file compensation claims. However, you’ll need evidence to support your claims. Hence, if you get involved in an accident, you should:

  • Take a photograph of the accident scene and visible injuries.
  • Ask for a copy of the CCTV footage if a camera is installed on the scene. Bear in mind to do this immediately because the establishment won’t keep it forever.
  • Get medical attention for your injuries. It’ll ensure your injuries are treated professionally. You can also use medical records to support your claim further.
  • Inform the operator. It’ll be recorded in their accident report book, so you should ask for a copy as evidence.

If you have as much evidence as possible, talk to a lawyer for free advice about whether you can file a claim or need more proof for your case.

Who can file a wrongful-death claim in an escalator accident?

A wrongful death claim in an escalator accident can be filed by the family of the victim who was killed in the accident. This allows the family to get compensated for the loss of a loved one.

How to Prevent Slip and Fall Accidents

How to Prevent Slip and Fall Accidents

Slip and fall” refers to a personal injury case where a person trips or slips and gets injured on another person’s property. Usually, it may occur on premises maintained or owned by someone else where the property owner is legally responsible for the injury. Wet floors, narrow stairs, poor lighting, changes in flooring, or damaged carpeting can cause someone to slip and get injured.

It may also refer to cases where someone fell or slipped due to snow, ice, rain, or a hidden hazard like potholes in the ground. You should have sustained severe injuries to file a claim and collect the proper compensation.

What Is A Slip and Fall Accident?

A “slip and fall” accident refers to a personal injury case where someone falls or slips and gets injured on another person’s property. Usually, slip and fall cases fall under the broader classification of cases referred to as “premises liability” cases. Usually, it may occur on a property maintained or owned by another person where the property owner can be held legally liable.

It can also happen at a friend’s house, at work, and home. It can often leave you seriously injured. Here are some of the most common slip and fall injuries you can experience:

What Is A Slip and Fall Accident

Ways To Prevent Slip and Fall Accidents

It’s best that you learn how to keep your home safe from these kinds of accidents. Here’s a list of what you can do to reduce those risks:

  • Minimize Any Dangerous Areas.

Most of the cases are from people who got injured in swimming pools, staircases, and walkways. They often link their injuries to lack of signages, slippery floors, or unlit areas. You should make sure that you’re always on the lookout for potentially dangerous places to avoid serious injuries. Evaluate accident-prone areas and make the necessary repairs to lower the chances of accidents happening.

  • Fix Damaged Areas Immediately.

After locating potentially dangerous areas, clean them and do the repairs immediately. It helps minimize the chances of injuries on the property. It would help if you got rid of clutter from the landings and stairs. Fix the surface of highly trafficked areas to make them slip-resistant. It can mean coating the walkway with a material that has slip-resistant properties, using non-coat rugs, or putting down carpets.

  • Make Sure There’s Enough Lighting.

When walking along dark corridors or hallways, there are chances that you’ll miss a few spilled liquids or clutter on the floor. It can cause you to fall and slip, leading to serious injuries. It would help if you had enough lighting on your property, especially at night, to lower the risks of another person getting injured in inadequately lit areas.

  • Use Warning Signs if Necessary.

Fixing, organizing, and cleaning areas in your property are easy. However, you can’t quickly address other dangerous hazards or conditions. One example of this is a wet floor that still needs drying. You can use a “wet floor” sign to ensure that employees or customers take extra care when walking around. Using the proper signages prevents accidents.

  • Have Adequate Insurance Coverage.

You should have adequate insurance coverage to protect you from financial losses when an accident happens. It’ll help further protect you from premises liability. Your homeowner’s insurance policies may already include premise liability insurance, so make sure to review the policy first if you’re planning to get one.

Common Causes of a Slip and Fall Accident

Wet and Uneven Walking Surfaces

According to statistics, 55% of all slip and fall accidents resulted from hazardous walking surfaces. It may refer to:

  • Waxed or mopped floors
  • Damaged carpeting
  • Poorly built staircases
  • Parking lot potholes
  • Damaged sidewalks
  • Loose floorboards
  • Cluttered floors

Such conditions make walking surfaces more dangerous.

Improper Safety Practices

Most slip and fall accidents also happen on the job. Other workplaces, especially those in the construction and manufacturing fields, may ask workers to spend a lot of time walking on narrow pathways or wet surfaces. If employers don’t provide the proper on-the-job training, they can be held responsible if a slip and fall accident occurs.

Environmental Conditions

Hazardous environmental conditions can also cause slip and fall accidents. It may refer to:

  • Changes in flooring
  • Open drawers and cabinets
  • Bright lighting that causes a glare on shiny surfaces
  • Inadequate lighting that makes it hard for someone to see hazards
  • Trailing cords on the walkway
  • Trash or debris on the floor

Weather Conditions

Most outdoor slip and fall accidents can result from dangerous weather conditions such as snow, ice, and rain. Even if you can’t predict what the weather will do, you should put salt on the walkways and stairways, shovel sidewalks, or plow streets to minimize accidents. If you fail to do that and someone gets injured, you may be held legally responsible.

 

In the event that you or a loved one suffers injuries from a slip and fall accident due to another’s negligence, you can file a claim for compensation. Get in touch with the experienced personal injury lawyers from Diamond & Diamond at 1-800-567-HURT! 

Pro Tip

Keeping walkways clear quickly reduces the potential for injury and avoids slipping hazards. Clear paths minimize chances of tripping or falling over unexpected objects and surfaces.

Seek Legal Advice From A Slip and Fall Lawyer

Many victims suffer from chronic pain or disability for months or years after the accident, seriously affecting their quality of life. If you or your loved ones suffer slip and fall injuries due to the negligent actions of another person, you can file a claim for compensation and a lawsuit.

Call the personal injury lawyers at Diamond and Diamond at 1-800-567-HURT (4878) or use our fast CASE EVALUATION TOOL to schedule your free consultation today.

FAQs on How to Prevent Slip and Fall Accidents

Do I need a lawyer for a slip and fall?

You don’t need a lawyer for these accidents. You can represent yourself in court, negotiate a settlement, and file a lawsuit yourself. However, it can be challenging if you’re against a property owner with their lawyer and an insurance company.

What is a slip hazard?

Most slips and falls can result from:

  • Poor housekeeping
  • Damaged or uneven floors
  • Unsuitable floor coverings
  • Trailing cables
  • Inadequate lighting

You should consider the following if you’re looking for potentially hazardous areas:

  • Working activities on your property
  • Weather conditions
  • Outdoor areas

How can I prevent slips and falls in winter?

You can follow these tips to avoid injuries when walking on snow and ice:

  • Walk slowly and focus on the path ahead.
  • Avoid slippery surfaces, including snow banks, icy areas, and wet leaves.
  • Wear the appropriate footwear with slip-resistant soles and change into indoor footwear. Ice grippers attached to your footwear can provide added traction.
  • Use handrails where available.
  • Make sure to check if stairs and entrances are free from slush and snow. Tracked in slush and snow can cause slips and falls.
  • Clean your shoes when going inside. Caked ice and snow on the soles can be pretty dangerous.
  • Inform your employers of fall, trip, and slip hazards around the property.

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