Toronto Labour & Employment Lawyers Advising Employers on Workplace Safety & Insurance Matters
Workplace health and safety in Ontario is largely governed by two pieces of legislation: the Workplace Safety and Insurance Act (WSIA) and the Occupational Health and Safety Act (OHSA).
The WSIA governs the no-fault workplace insurance system (i.e. workers compensation system) for work-related injuries and diseases in Ontario. This is managed by the Workplace Safety and Insurance Board (the WSIB).
Due to the specialized and very unique nature of the worker’s compensation system in Ontario, disputes involving such issues require assistance from a lawyer who has extensive knowledge of the specialized statutes and regulations that govern worker safety in the province, who is experienced advising employers about their obligations under those statutes, and who has represented employers at the adjudication of such issues when litigation is required.
At Mallins Law, we have been representing employers of all sizes and across all sectors in matters involving workplace safety and insurance for many years. We are deeply familiar with the relevant legislation, and with the WSIB, the Worker’s Safety and Insurance Appeals Tribunal, the Ministry of Labour, and other applicable organizations. We use our knowledge and experience to guide employers through the often complex and confusing framework of laws, regulations, and systems that keep workers safe.
Employer Obligations under the WSIA
For the most part, employers are obligated to register with the WSIB, pay premiums, and participate in the workplace insurance system.
Employers are also obligated to maintain a safe and healthy workplace and to proactively prevent workplace injuries and occupational diseases. If any accidents, injuries, or diseases occur employers must administer first aid or send injured employees to the hospital (if there is an accident) or otherwise address an injury or disease. The employer must also subsequently report any accident, injury, or occupational disease to the WSIB. If a worker has been critically injured or killed, an employer must contact the Ministry of Labour immediately.
Workers Rights under the WSIA
Workers (or their dependants) can file for WSIB benefits where the worker is injured, contracts an occupational disease, or is killed at work, where the worker meets several conditions.
Once a WSIB claim is filed, the worker or person filing the claim must cooperate with the WSIB, including sharing medical information and files and reporting any changes to their health or finances that may affect their right to benefits.
How Can We Help Employers
We strongly believe in providing our employer clients with the tools they need to be able to proactively comply with their workplace health and safety obligations, to anticipate and respond to potential problems, and to mitigate issues if they arise, before they escalate to the point where further intervention is required. We provide legislative compliance audits to ensure that employers are doing everything they should be in terms of protecting their workers while maintaining an efficient and productive workplace.
Where needed, we represent employers in any litigation that may arise in a workplace safety context, including in:
- Appeals of WSIB decisions (including decisions awarding benefits to workers); and
- Matters before the Workplace Safety and Insurance Board Tribunal (WSIAT).
Mallins Law: Knowledgeable Workers Compensation Lawyers Providing Proactive Guidance to Employers on Workplace Safety and Insurance Matters
If you are an employer and want to ensure that you are complying with all of your obligations with respect to maintaining a safe workplace or require representation in a WSIB or WSIAT matter contact the Toronto workers compensation lawyers at Mallins Law. Reach out to us online or at 647-792-0310 to schedule a consultation.