Workplace Safety and Insurance Law

The Workplace Safety and Insurance Act, 1997 (WSIA) creates a no-fault insurance system that is mandatory for most employers in Ontario, offering a compensation framework for workers who suffer injuries on the job.

Under this system, often known as workers’ compensation, the ability of an injured worker to file a civil lawsuit related to their injury is either removed or significantly limited. However, while the WSIA may restrict the right to sue for workplace injuries, it does not override other legal protections. Workers still retain their rights under the Human Rights Code, the Employment Standards Act, 2000, the Labour Relations Act, 1995, the Occupational Health and Safety Act, and any collective agreements in place. Additionally, a worker’s eligibility for benefits under the Employment Insurance Act, the Canada Pension Plan, or private disability plans remains unaffected by the WSIA.

The WSIA outlines a thorough benefits system for injured workers, ensuring they receive the necessary healthcare and allowing them the initial choice of healthcare provider following an injury.

For a detailed consultation on your rights and to secure the benefits you are entitled to, contact Hosseini Cuthbert Legal Services.