Accident Lawer

Summer Vacation Guide To Slip And Fall

May 30, 2018 by Dev Leave a Comment

Summer is the best time of year, according to almost anyone you ask. The weather is fine, there’s plenty of opportunities to get outside and play tennis or team sports, and it’s often when folks use their vacation time to get up north and soak in the natural beauty of Canada. After a long harsh winter, the warmth and long days are extremely welcome – not to mention the fact that the threat of slipping on ice and being pummeled by snowstorms disappears. However, even in the summertime there are many hazards that can lead to a slip and fall or equivalent injury that can leave you sidelined for weeks or months. Missing out on the summer is no fun, and if an accident occurs due to somebody else’s negligence, you aren’t helpless; an experienced slip and fall lawyer can help you obtain a fair settlement for physical and emotional trauma suffered.

While the vacation industry used to be regulated through resorts and hotels, the rise of peer-to-peer services such as Airbnb (which connects customers directly to private property owners) has opened up a Pandora’s Box that has transformed the way people travel and throws some of those regulations to the wind. For example: while all hotels and resorts are carefully scrutinized by inspectors making sure they are up to code, the property of private individuals is only as safe as the owner is diligent. Therefore, a whole new frontier of legal complications arises; if the owner who rents you their property is not performing maintenance and keeping their home safe, then there is a very strong possibility that an injury and subsequent legal action could follow.

At Goodman Elbassiouni LLP in Toronto and the GTA, we hope that you and your family have a safe, joyous summer. If, however, you or someone you care about hurts themselves on vacation, know that we’re here to guide you through the ensuing chaos and help spearhead the legal battle if in fact there has been an issue of liability and negligence. We highly recommend doing an in-depth inspection of the landing page for the rental property your considering, reading the specs and reviews and looking carefully at the pictures. If there aren’t many pictures, or they are of a lower quality, this is usually a sign that the property is not well kept and should probably be avoided.

One of the best tactics is to rely on word-of-mouth from friends and family: if someone you trust had an excellent experience and found a vacation property to be up to snuff, then you can feel confident booking it. Key issues to look for are wooden staircases that look old and dilapidated, missing or damaged railings, poor lighting and uneven flooring that can pose a tripping hazard. If you have small children, be especially vigilant when doing a background check on the place and be sure to identify any trouble spots where toddlers or young children could hurt themselves.

Hopefully, you can enjoy a safe and fun summer without needing to enlist a workers comp lawyer in Ontario – but if you find yourself injured due to someone else’s negligence, don’t be a victim; call Goodman Elbassiouni LLP!

Automobile Injury Checklist: Following Proper Protocol

May 25, 2018 by Dev Leave a Comment

If you are a car owner in the city of Toronto, then you know from firsthand experience: the roads can get pretty crazy. While the winter can pose many unique challenges with poor visibility, slippery roads and freezing rain, the spring and summer also have their own unique pitfalls. Primarily, summer traffic can get out of hand when people are converging on a baseball game downtown or heading up to Algonquin or Muskoka for camping or a weekend at the cottage. With Victoria Day long weekend on the horizon, you can expect to see the OPP out in full force ticketing Ontario drivers on the 400 and 401 (Torontonians are notorious for driving too fast) and doing ride checks – Reduce Impaired Driving Everywhere – to discourage people from getting behind the wheel when they’ve had one too many.

The sad truth is that while most people out there are responsible, conscientious drivers, there are a few terrible drivers that pose a threat to everyone. Thus, no matter how cautious you are, there’s always an outside chance that you will be involved in an accident. This unfortunate fact will hopefully encourage you to be even more mindful on the road and practice defensive driving wherever possible. Until such a time as Google or Tesla have perfected the self-driving car and reduced accidents to virtually zero, car crashes are a statistical certainty; if you’re involved in an accident this summer, get a professional legal team working for you and make sure you are fairly compensated!

In the wake of an automobile accident, it’s important to act quickly and establish several pieces or information. If any or all of the following is true, call 911 immediately:

Anyone appears to be seriously injured
the damage to either vehicle appears to be in excess of $2,000
Anyone involved in the accident appears to be in violation of the criminal code (typically by driving under the influence of drugs or alcohol)

If you do not need to call 911, get out of your car, take extensive pictures of the damage and exchange information with the other party. If there are any witnesses who saw the crash clearly, get their information as well. If it’s safe, you can then move your vehicle out of the road so that traffic can resume as normal. If you are not in need of medical attention, call your insurance company as soon as possible to report the accident – the sooner the better, as the details will be fresh in your mind. Once you’ve spoken to a representative from your insurance company, you may want to consult with a Toronto based slip and fall lawyer from Goodman Elbassiouni LLP who also specializes in auto collisions.

In Ontario, the Accident Benefits System is the branch of government responsible for making sure that you are paid out by your insurance company – or the insurance company of any other individual involved – in the wake of an accident. The benefits can cover rehabilitation and medical benefits for physiotherapy, chiropractic care, massage and income replacement benefits while you are disabled and unable to work.

The second course of action is to take legal action against the driver who is at fault, and if this is an avenue you choose to pursue, you will most certainly want to seek the counsel of a top-notch WSIB lawyer from the Goodman Elbassiouni LLP.

2 Challenges You May Face When Seeking Compensation

May 16, 2018 by Dev Leave a Comment

Here at Goodman Elbassiouni LLP, we’ve dealt with hundreds of WSIB cases over the years, and we have an in-depth understanding of how the system works. We even have lawyers and paralegals working with us who spent years working for the WSIB, and thus know all the tricks and ins and outs of how the process works. As we’ve said before, the WSIB has a tremendous amount of information to sort through at all times, and naturally certain cases are not going to be fairly decided – it would be unreasonable to expect so much.

While law deals with what’s right and what’s wrong and tries to nail that down to a science, the truth is that the world of human affairs is messy and nothing is ever cookie cutter perfect and easy to understand. When people get hurt and money is involved, it can become a tense and emotional time where people are often anything but cool-headed and analytical. For this reason, it is always wise to speak with a workers compensation lawyer in Toronto if you are hurt on the job – there will likely be unforeseen challenges in the process of seeking fair compensation.

Toronto is a city that is growing at an alarming rate, and as such, there are thousands of construction jobs – big and small – going on all over the city at any given moment. Statistically speaking, there are bound to be accidents, and when these accidents occur, you need a lawyer to help navigate the complex world of WSIB policy and to keep a cool head. Furthermore, if you’ve been badly injured, you need time to rest and recover. Stressing over the prospect of the appeals process or a legal battle is the last thing you should be worrying about when your health has been compromised.

Our slip and fall lawyers in Toronto have seen it all, and while we’re ready to consult with you at the drop of a hat, today we’ll also describe three tricky situations that can arise when you are hurt at work that may stand in the way of you obtaining the compensation you deserve.

Machiavellian Managers:

There is, of course, the possibility that your manager will do everything in their power to make it seem like the work accident was your fault, rather than the result of dangerous work conditions. Sometimes extremely ambitious managers with upward mobility in mind will conflate the facts to cover their own butts and leave you out in the cold. This is why we recommend vigilance and accountability as part of a workplace culture. When workers look out for each it lowers the incidence of injury and makes it easier to lay the facts out clearly for when you file for compensation or end up appealing.

Lack of Medical Evidence:

Perhaps the single most important thing you can do to ensure fair compensation following an accident is to visit a responsible doctor who will carefully document your injuries and conditions. If you are well on your way to recovery by the time you have to fight for your compensation, it’s going to be a tough sell if you don’t have those documents handy.

Goodman Elbassiouni LLP provides a free consultation for anyone who thinks they may need a competent and responsible personal injury lawyer, so speak with our lawyers today if you are hurt at work, in a slip and fall or in an automobile accident. You’ve got nothing to lose!

Work Injury Checklist Part Two: Following Proper Protocol

March 29, 2018 by Dev Leave a Comment

In part one of this two-part series, we discussed some factors that are relevant to proper protocol in the wake of a workplace accident, some issues that may arise, and began discussing important steps to take to make sure that you aren’t hung out to dry when you get hurt at work. Primarily, we emphasized the importance of reporting your injury to your boss or manager – when you file a claim with the WSIB, your employer is obliged to file a report as well. This is standard procedure and there’s nothing to be afraid of. In our era of constantly sitting for hours with poor posture and clicking on computers, repetitive strain issues are extremely common, and while many folks are afraid they’ll be seen as weak if they report this type of injury. The truth is, RSI injuries are far more prevalent than you might think; they can really screw up your life if you don’t pursue therapy and time off work to rest. Goodman Elbassiouni LLP employs paralegals that have worked closely with the WSIB and our seasoned lawyers are expert at handling workplace injury claims – RSI related or otherwise.

To get back on track, and to the matter at hand, we’ll spend the rest of the post exploring essential protocol tips to ensure that when you file a claim with the WSIB, you get the compensation you deserve:

Keep a Journal

Keeping a journal is key because it helps keep dates and facts straight. This is especially important if your injury develops over time so that you have a clear sense of when it began and when it became a severe problem. The importance of seeing a doctor – which we mentioned in part one – goes hand in hand with the journal, since you’ll be able to cross-check the doctor’s notes with your own personal notes for maximum accuracy. Keeping a journal may also release some of the stress you’re feeling if you’re going through your ordeal alone, as well.

Consult Before You File

A lot of folks think that you should only consult with workers compensation lawyers in the event that your claim is rejected, but this is not necessarily so. Because we offer a free consultation for any prospective client, it’s in your interest to talk to one of our lawyers or paralegals before you file your report. This will not only help your chance of receiving your claim hassle-free, it will also mean that in the event that you need to appeal, you already have some sense of the process and problem followed all of the rules and fine print properly.

Let Your Family/ Friends Help You

Even if you are an extremely independent spirit, the time following a work injury is no time to be stubborn and refuse help. It’s a relief to be able to delegate certain tasks to friends and family members who care about your health and well-being. You can even bring them to a meeting with our lawyers or have them on the line when you call so that they are fully in the loop and can take some of the weight off your shoulders. If you’re considering filing a claim with the WSIB, give us a call today and talk to one of expert lawyers or paralegals; Goodman Elbassiouni LLP is here to help!

Work Injury Checklist: Following Proper Protocol

March 21, 2018 by Dev Leave a Comment

If you follow our blog at all, or if you’ve ever researched the WSIB and worker’s compensation, then you know that obtaining compensation for your work injury is not exactly a straightforward process. Unfortunately, it is necessary to take a bit of precious time out of your schedule to learn about work injury protocol if you work a job that carries a high risk for injury. Even if you work an office job, this type of information can still prove to be valuable; surveys show that in the past half-century repetitive strain injuries (RSI) and back problems simply from sitting too much, have increased exponentially. In this secondary, subtler category of injury, you may feel timid about pursuing compensation – don’t; it’s your right as a citizen of Ontario to claim compensation, even for these more insidious injuries that manifest over time.

If you work in a warehouse or on a busy job site building condos and the like, you probably have some familiarity with the WSIB – whether it be personal or second hand, through a friend. But if you work in an office you may well never have thought about any of this stuff, however, the WSIB and WSIB lawyers such as ourselves exist for the benefit of everyone; office workers, construction workers and everything in between. So don’t be shy about claiming your compensation, no matter what field you work in. The bottom line is: if you’ve been hurt at work, you deserve the monetary compensation for therapy and rest time, end of story.

Now that we’ve got that straight, let’s spend the rest of this post looking at the basics of WSIB protocol and appeal protocol so that if you find yourself in a situation where you’ve been hurt at work, you know exactly what to do without hesitation. You can also call Goodman Elbassiouni LLP at any time for a free consultation if you’re worried about the legitimacy of your claim or if you’re feeling discouraged by the appeal process.

Inform Your Employer & File Your Claim

This is the scariest part for most people: if you are conscientious and sensitive it can be very stressful to inform your employer that you are filing a claim; they may get their back up and act like this a personal attack on them. There is, however, plenty of precedent in these cases and if you are genuinely in pain and discomfort you have nothing to worry about. A lot of the time, bosses and managers are not even up to date on WSIB policies and may not realize that they will not be asked to pay the compensation out of the company budget. If the system works, you will receive your claim through the WSIB. Unless your boss has contributed to an untoward or unsafe environment, they shouldn’t have anything to worry about.

Talk To Your Doctor

When you are hurt at work, go and see your doctor immediately. They will be able to diagnose you and gather information that may be pertinent to your claim and perhaps your appeal. Having this information ready in an organized, professional way will help your chances immeasurably.

While our blog and website have a good amount of info to help familiarize yourself with WSIB law and protocol, you can also contact us today if you’re feeling confused or need a little advice. Consultations are free and we work on a contingency basis, so there’s no harm in reaching out!

Slip & Fall Injury Checklist: Following Proper Protocol

March 12, 2018 by Dev Leave a Comment

While climate change has shifted the way North American winters feel – sometimes providing weeks that feel more like spring than winter – we mustn’t let our guard down too much in these short, anomalous bursts. We’re still in for several more weeks of slippery, freezing cold weather, and because of all the warm weather, we may experience rain followed by freezing temperatures (as we’ve seen here in Toronto a couple of times this winter). Rainstorms followed by plummeting temperatures make the roads and sidewalks into a total nightmare that can threaten your physical health. If you find yourself badly hurt because a property owner didn’t take care to shovel or salt their walk, hire our slip and fall lawyers to work for you and claim your compensation!

You may experience some pangs of guilt if you decide to claim compensation in the wake of a slip and fall, but you shouldn’t. Ontario’s Occupier’s Liability Act is very clearly worded to indicate that if a public property is not well maintained and leads to injuries, the injured party is well within their rights to claim compensation for trauma and rehabilitation. We’ve dealt with hundreds of slip and fall cases in the past and we can tell you: it’s usually pretty clear in these cases that the landlord or property manager in question was not taking the proper measures to safely clear the walk.

Typical examples of liable parties are:

Property Manager

A Private Homeowner

Mall Manager

Hotel Manager

Apartment Owner

A huge part of these people’s jobs and responsibilities revolve around providing a comfortable and safe environment for tenants and visitors. If you are hurt on the property of a retail outlet because it wasn’t properly salted, it is particularly objectionable; customer experience certainly extends to the parking lot and the walkway out front. To neglect shoveling and salting is very poor customer service and dangerous, to boot! Another examples of negligent behaviour is the failure to indicate or dry up after an area has been mopped. The able-bodied often tend to forget that children, the elderly and folks suffering from physical maladies may be shopping and can slip much easier than some of us since their balance is compromised. The experts at Goodman Elbassiouni LLP have years of experience and indispensable, useful legal resources that can help you claim your compensation when you are affronted by a slip and fall due to poor property maintenance.

Lawyers at Goodman Elbassiouni LLP operate on a contingency basis, so we never get paid until you do. Thus, even if you’ve just had an accident and you’re unsure of how to proceed, you can book a free consultation with us and speak to a lawyer or paralegal who is versed in the protocol and the facts. Just remember, the sooner you file your claim with the OLA (Occupier’s Liability Act), the better your chances will be. Furthermore, getting the details down and talking to your doctor while the injury is still new is always in your best interest, since you will be able to provide the most vivid, compelling argument. Although you have up to two years to file after a slip and fall, the longer you wait the more complicated the process may become.

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