Workplace Injuries in Ontario: Legal Rights and Compensation Options

27 May Workplace Injuries in Ontario: Legal Rights and Compensation Options

Every year, thousands of Ontario workers are injured on the job, from slip and falls to serious equipment-related accidents. Whether you work in an office or on a construction site, it’s important to understand your legal rights and what compensation options are available if you’re hurt at work. This guide breaks down the basics of workplace injury law in Ontario, including how to navigate the Workplace Safety and Insurance Board (WSIB), and when you might need to take further legal steps.

Understanding the WSIB Process

In Ontario, the Workplace Safety and Insurance Board (WSIB) provides no-fault insurance for most workers. This means if you’re injured at work, you generally cannot sue your employer. Instead, you file a WSIB claim for compensation. The WSIB covers medical costs, lost wages, rehabilitation, and, in some cases, retraining for workers who cannot return to their previous role.

To begin the WSIB process:

1. Report your injury to your employer as soon as possible.
2. Seek medical attention and inform your healthcare provider the injury is work-related.
3. File a WSIB claim using Form 6 (Worker’s Report of Injury/Disease), while your employer files Form 7.

Timely reporting is crucial. Both you and your employer are required to report the injury within specific deadlines, generally within 6 days of becoming aware of the injury.

Common Workplace Injuries and Their Coverage

WSIB covers a broad range of injuries, including:

• Physical injuries such as sprains, fractures, or burns.
• Repetitive strain injuries from tasks such as typing or assembly line work.
• Occupational illnesses, such as respiratory conditions from exposure to hazardous materials.
• Mental health injuries, such as work-related stress or PTSD, provided a direct link to workplace events can be demonstrated.

Most physical injuries are straightforward in terms of eligibility. Psychological claims can be more complex but are increasingly recognized, especially in high-stress environments or where harassment and bullying occur.

Beyond WSIB: When Legal Action May Be Warranted

While WSIB usually replaces the right to sue your employer, there are exceptions:

• If a third party (not your employer or a co-worker) caused your injury. For example, if injured by a faulty piece of machinery, you may be able to sue the manufacturer. 
• If your employer is not registered with WSIB, you may have the option to pursue legal action.
• In cases of gross negligence or intentional harm, legal options may also be explored.

Consulting with a personal injury lawyer can help determine if additional legal avenues are appropriate for your situation.

Your Rights Under Ontario’s Occupational Health and Safety Act

Ontario’s Occupational Health and Safety Act (OHSA) protects workers by requiring employers to maintain a safe workplace. Under the OHSA, you have the right to:

• Know about hazards in your workplace.
• Participate in identifying and resolving workplace health and safety concerns.
• Refuse unsafe work without fear of reprisal.

If you believe your employer is not taking appropriate safety measures, you can file a complaint with the Ministry of Labour, Immigration, Training and Skills Development, which can initiate an inspection or investigation.

What to Do Immediately After a Workplace Injury

If you’re injured on the job, here’s what you should do immediately:

1. Get medical attention — your health comes first.
2. Report the injury to your supervisor or manager.
3. Document everything — take notes, photos if relevant, and collect witness statements.
4. File a WSIB claim as soon as possible.
5. Consult a legal professional if your claim is denied or you suspect negligence.

Personal Injury Litigation

Workplace injuries can be physically and emotionally draining. Thankfully, Ontario law provides a robust system through WSIB to support injured workers. Understanding your rights, knowing when to take further legal action, and acting quickly can make a significant difference in your recovery and compensation.

If you’re navigating the complexities of a workplace injury claim, we recommend working with an experienced workplace injury lawyer to obtain the personalized attention needed to guide you through the process. They can help you receive the compensation you’re entitled to for medical treatment and lost wages from your workplace injury.