Industrial Accidents injury claims are accidents that arose while victims were in the course of their work. Industrial accidents injury claims can be made under the Work Injury Compensation Act (“WICA”) or under the Common Law.
An injured worker may sue his/her own employer or any other wrongful person under the common law. If one intends to commence an action under Common Law after an application under WICA, the action cannot be maintained unless the injured party withdraws his action under WICA.
For an action to be commenced under the common law, then there must be negligence or fault on the part of the other party. Without negligence, it would be advisable to make a claim under WICA as it does not require the element of fault.