3 Situations That Require A Work Injury Lawyer
Workplace injury and fatality rates among Ontario’s workforce went up in 2023, the latest yearly report on the subject reported.
The 2025 Report on Work Fatality and Injury Rates in Canada led by the University of Regina surveyed 74% of the province’s workforce in 2023. It recorded the highest number of injury and occupational disease-related fatalities at 103 and 297, respectively. Workers also lost 72,027 hours to injuries, second to Quebec at 81,291 hours. (1)
The rate of workplace injury fatalities was up 12%, from 1.5 per 100,000 people in 2020 to 2022 to 1.7 in 2023. Meanwhile, despite being down by 2%, the rate of occupational disease fatalities remained high, from 4.9 per 100,000 in 2020 to 2022 to 4.8 in 2023. (1)
Ontario’s work-related injury rate dropped by 22%, from 1.48 in 2022 to 1.16 in 2023. It’s interesting to note that the 2022 figure was the highest in 12 years, and the following year nearly brought it back to 2010 levels. (1)
Still, the Workplace Safety Insurance Board (WSIB) recorded over 154,000 filed claims for 2025, only 71% of which were allowed. Workplace injuries don’t just leave someone out of work for a while but also affect their daily life as they recover. Getting full compensation requires the help of a workers’ compensation lawyer, especially in the following situations: (2)
1. When Medical Treatment Goes Beyond First Aid
First aid should be the first response to a workplace injury. The WSIB says that injuries that are successfully treated with first aid don’t need to be reported, let alone filed for workers’ compensation. It also urges contacting the board if the victim is unsure of their injury.
On the other hand, an injury should be reported if it fulfills any of the following:
- The medical treatment requires a health professional’s intervention
- The victim is forced to take time off work due to their injury
- If able to work, the victim is forced to work fewer hours and receives less pay
- If able to work, the victim does modified work for normal pay for over a week
Sprains and strains are the most common work-related injuries in Ontario, making up 29% of all incidents reported to the WSIB (as of August 2025). The average worker loses 15 days to such cases, but less common ones like fractures and mental disorders make injured workers lose three to four times as many days. (3)
Lost days hamper recovery efforts and quality of life because victims are unable to earn a living. Seeking help from a Canada workers compensation lawyer allows victims to secure the workers’ compensation benefits they deserve with their expertise in tort or personal injury law. Contact one for a free consultation to see if your case can recover full damages.
2. When a Third Party May Be Liable
The WSIB states that employers are obligated to pay the injured worker a full day’s salary on the date of the incident. If the worker can still work but is reassigned to modified work for more than seven calendar days, the employer is required to report it to the WSIB within three business days from the 8th calendar day of modified work.
When a victim files a claim with the WSIB, they forfeit the right to sue their employer due to a no-fault system in place. Instead of a costly court settlement, the WSIB provides no-fault insurance that covers the victim’s expenses, from medical bills to retraining.
That said, legal experts say this doesn’t mean legal options are off the table. Sometimes, the cause of the injury stems from faulty equipment that the employer has bought from a dealer or manufacturer. As the no-fault system only covers the employee and employer, legal recourse against the third party for machinery-related injuries is possible.
Another situation where legal experts say suing is possible is a car accident. A victim can take legal action against the third-party driver who caused the mishap, provided the latter isn’t covered under the WSIB and was working when the accident occurred.
Keep in mind that you can’t both file for a claim with the WSIB and seek damages in court. Section 30 of the Workplace Safety and Insurance Act states that injured employees can pick one or the other and only has three months after the accident to decide. If they’re incapable of choosing, a work injury attorney or guardian can decide on their behalf.
3. The Employer Isn’t Covered Under the WSIB
Not all businesses are required to register with the WSIB, namely those in non-mandatory industries like finance and travel. This also applies to some businesses and organizations, such as private daycares, funeral establishments, and trade unions.
Non-registered employers lose the protections conferred by the no-fault system. Section 114 of the Act guarantees this as long as the victim can prove that their injury was a result of the employer’s negligence.
More importantly, Fleming v. Massey et al. states that a signed waiver doesn’t release non-registered employers from liability. The victim in this case, a go-kart race director, suffered an injury after a go-kart crashed into the hay bales close to him. He signed a waiver prior to the event, which the Court of Appeal for Ontario ruled as “contrary to public policy.” (4)
Naturally, taking a work injury case to court requires a work injury attorney representing the victim. Their attention to the fine print of workers’ compensation law and skill in making sound arguments are crucial for securing a favorable result. Furthermore, a lawyer can understand the true value of one’s claim by delving deep into the facts of the case.
Conclusion
A workplace injury goes deeper beyond cuts and bruises. If it’s bad enough, it can prevent a worker from making a living for too long. Seeking legal help should follow treatment to determine how much the damages really are. Talk to a lawyer as soon as you recover.
References:
1. “2025 Report on Work Fatality and Injury Rates in Canada,” Source: https://www.researchgate.net/publication/390985834_2025_Report_on_Work_Fatality_and_Injury_Rates_in_Canada
2. “Claims – Schedule 1 and 2,” Source: https://safetycheck.onlineservices.wsib.on.ca/safetycheck/explore/provincial/SH_12/claims?lang=en
3. “Injury characteristics – Schedule 1 and 2,” Source: https://safetycheck.onlineservices.wsib.on.ca/safetycheck/explore/provincial/SH_12/injurycharacteristics?characteristic=noi&lang=en
4. “Fleming v. Massey, 2016 ONCA 70 (CanLII),” Source: https://www.canlii.org/en/on/onca/doc/2016/2016onca70/2016onca70.html
