Man Suing Workers Comp Board over 35 Year-Old Injury

Rick Vail of Springton near Charlottetown is taking the PEI Workers Compensation Board to court, claiming that the act that governs the board is unconstitutional. Vail, now 65, was 29 when he was working at a local garage. It was there that a car Vail was working on fell on top of him.  He said, "It must have ripped every muscle in my body. And then I looked down my legs and they were all wet so I took my hands and I rubbed my legs because of hot fluid, to get it off, and I couldn't feel nothing. And I said I don't know if my hands are dead or my legs are dead."

Vail still receives 35% of his paycheck as compensation for his injuries which left him with only partial feeling in his legs, walking with a cane, and suffering from chronic pain. Vail insists that he should be receiving 75% of his paycheck because his benefits should be calculated based on how much his injuries lower his ability to earn, not based on what parts of his body were injured. Vail lost his case to the board, and now claims that an act that came into effect in 2005 is unconstitutional because it prevents him from having his case reassessed.

If you have suffered a workplace injury and would like to learn more about your rights, consult with a personal injury lawyer today.