This table examines the respective advantages and disadvantages of each form of relief.
| Issue | Workers' Comp | Human Rights | Civil Action |
|---|---|---|---|
| eligibility event | Cannot be termination. Must be within continuum of employment | not applicable | n/a |
| $ recovered | by the formula | 100% | 100% |
| damages for emotional distress | none | yes | yes, usually higher than HR |
| punitive damages | none | none. Federal law allows for additional award of $20,000 | yes |
| impact of WC claim on subsequent proceeding | n/a | may proceed | cannot proceed |
| time limit to file | usually 6 to 12 months | by relevant statute, usually 12 months | sexual assault has no limitation period |
| employer liability | n/a | generally employer is liable. Ontario is different | hard to prove |
| employer insolvent | n/a | award is useless | award survives bankruptcy |
| legal costs | none | none, absent exceptional circumstances, except PEI | yes. Offer to Settle will impact costs. |
| LTD insurance | will be reduced by WC award | if employee pays premiums, double dipping likely | same as HR |
| return to work | yes, but there are requirements re size of employer and length of employment | discretionary | no |
| future lost income award | no, but award for permanent injury possible | discretionary when supported by the evidence | yes, again need proper evidence |
| pre-hearing discovery | none | none | yes |
| WC fails | n/a | case may still proceed | not available "black hole" |
| There may be a finding of factual estoppel | n/a | ||
| impact of terminal event such as business closing | none | yes, will limit lost income claim | none |
| lost income claim limited to this employer | n/a | yes due to "but-for" test | none |
| employee definition | conventional | very liberal | conventional |