Workplace injuries are an unfortunate reality for many employees across various industries. Minor to severe accidents can majorly impact employees’ health, livelihood, and well-being.
The Canadian workers’ compensation system protects and supports injured workers, but employers may deny responsibility. Knowing your rights and what to do is paramount in this situation.
From filing a claim and exploring alternative dispute resolution with personal injury lawyers, this article will help you navigate employer denial of liability.
Real-Life Case: Supreme Court of Canada’s decision in R. v Greater Sudbury (City)
After a fatal construction accident, the City of Sudbury was charged as an employer under the Occupational Health and Safety Act (OHSA) despite hiring a general contractor.
- Employers may attempt to avoid liability for workplace injuries by blaming the contractor.
- According to a 4-4 split decision, a property owner can still be an employer under the OHSA even if they hire a general contractor.
This shows that safety oversight cannot be outsourced because owners must ensure all parties comply with safety regulations. Employers cannot shift liability to contractors for injuries. An employer who blames contractors for loss of liability can still be held liable.
Understanding Denial of Liability for Workplace Injuries
Canadian employers have a legal obligation to create a risk-free workplace. However, some employers may deny liability for workplace injuries, claiming they were not work-related, caused by employee negligence, or excluded from their responsibility. Denying responsibility can leave injured employees feeling helpless, financially strained, and unsure of their options.
- Disputing the Cause of the Harm. They may say the damage was not work-related or occurred outside of work hours.
- Claiming Employee Negligence. They can assert the employee was reckless or violated safety protocols.
- Insurance Concerns. Employers may dispute the claim to avoid higher insurance premiums or reputation damage.
You still have options even after denying liability, regardless of the reason. Understanding the process and your rights can help you appeal denials and get benefits.
What is a Company’s Workers’ Compensation Policy?
These policies lay out the processes, rights, and benefits that an organization offers to employees who sustain injuries while on the job. Legally required, this policy usually includes the following:
- Healthcare Benefits. Coverage for injury-related doctor visits, hospital stays, medications, and rehabilitation.
- Wage Replacement. When pain prevents employees from working, they may be eligible for partial recompense for their lost wages.
- Disability Benefits. Repayment for injuries that cause disability, either temporarily or permanently.
- Return-to-Work Support. Help getting back to work might involve retraining or taking on different responsibilities.
In Canada, these policies are administered by each province’s respective workers’ compensation boards (WCBs) or commissions. For example, the Workplace Safety and Insurance Board (WSIB) handles claims in Ontario, while WorkSafeBC handles the same in British Columbia. These boards require employers to register and pay employee premiums.
However, getting these benefits can be a pain if your workplace refuses to pay. You must proactively file your case and understand your rights.
How to File a Workers’ Compensation Claim
Filing a workers’ repayment demand is essential to get the benefits you deserve following a work-related damage. Follow this step-by-step guide:
Report the Event Immediately
Do not delay in informing your employer of your injuries. Most jurisdictions require you to notify your company within 24–72 hours of the incident. Your personal injury case could be at risk if you do not report the event promptly.
You Should Seek Medical Help
No matter how small the harm appears, you should immediately see a doctor. Ensure that the medical professional documents the injuries and notes that they occurred at work. You will need this evidence to back up your request.
Complete the Necessary Forms
After reporting the damage, management should send you workers’ compensation forms. You can find information on the injury, its cause, and the medical care you got on these forms. Your province’s compensation board should receive these documents.
Gather Evidence
Witness statements, accident photos, and healthcare records can support personal injury claims. You must keep this evidence in case your employer challenges the claim.
Follow Up with the Workers’ Compensation Board
Stay in touch with the board after submitting a claim to monitor its progress. They will evaluate your benefits after reviewing the information and investigating if needed.
Based on the evidence, the workers’ board may approve your claim if your workplace denies liability. On the other hand, you can file an appeal if the board rules against your claim.
Exploring Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) is a process that takes place outside of court and aims to settle disagreements between injured employees and their employer or insurance company. ADR methods like mediation, arbitration, and negotiation aim to resolve disputes without personal injury litigation.
| Type | Details |
| Mediation | A neutral third-party mediator helps both parties discuss and reach a compromise in mediation. It is a collaborative, open-dialogue process that can resolve issues faster and less contentiously than court. |
| Arbitration | After hearing arguments from each side, an impartial third party (known as an arbitrator) renders a legally binding decision.More formal than mediation and resembles court proceedings but is faster and cheaper. |
| Negotiation | The parties to a dispute can resolve it through negotiation by speaking directly to one another, with the help of legal counsel. This is usually the initial stage before seeking a resolution through mediation or arbitration. |
When a company denies responsibility, ADR provides a structured environment for presenting evidence and arguing your case without the time and expense of court battles.
Addressing Employer Retaliation
Claimants worry about retaliation, especially if the company denies liability. Many different forms of retaliation exist, including
- Termination or Demotion. The management may unfairly fire you or demote you from your position.
- Reduced Hours or Pay. You might see an unwarranted decrease in your salary or a reduction in your work hours.
- Harassment or Hostile Work Environment. A hostile work environment is one tactic employers use to get you to withdraw your personal injury claim.
Canadian law protects employees from retaliation. The Occupational Health and Safety Act (OHSA) prohibits employers from punishing compensation claimants and workplace damage reporters. Your province’s human rights tribunal or labour relations board can hear retaliation complaints.
Steps to Address Retaliation
- Document the Retaliation. Keep detailed records of retaliation, including dates, descriptions, and witnesses.
- Seek Advice from a Reliable Law Firm. Understanding your rights and options requires consulting Calgary personal injury lawyers. We can represent you during the complaint process and escalation.
- File a Complaint. Submit a formal grievance to the relevant agency, such as the human rights tribunal or the labour relations board. There will be an investigation and action against the company if retaliation appears.
Seek Reliable Personal Injury Services
A workplace injury denial by an employer can be scary, but knowing your rights and taking the proper steps can make all the difference. If you encounter a denial, you must consult a personal injury lawyer who can help you navigate the intricate procedures and protect your rights.
Sidhu Personal Injury Lawyers Calgary can offer advice, represent disputes, and help navigate complex legal proceedings. Our personal injury team offers legal services to help you recover, whether it is a motor vehicle accident, car accident claims, or workplace injuries.
Frequently Asked Questions
What distinguishes workers’ compensation claims from wrongful death lawsuits in workplace fatalities?
Wrongful death lawsuits hold the responsible parties accountable for greater recompense, but they are more challenging to pursue. Workers’ compensation provides no-fault, quick benefits.
- Compensation Claims. Designed to help deceased labourers’ dependents with funeral costs and survivor benefits. As long as the incident occurred on the job, benefits are given regardless of fault.
- Wrongful Death Lawsuits. Allows survivors to seek compensation for pain and suffering, loss of companionship, and punitive damages. The family must prove that the company or third party’s negligence killed the worker.
What specific documentation should I gather to support my claim when my employer denies liability?
When your employer denies responsibility, thorough documentation strengthens your claim. You should gather:
- Incident Report. Create or obtain a detailed incident report with the date, time, location, and pain description.
- Records. Get emergency room visits, doctor’s notes, diagnostic tests, and treatment plans that state your injuries are work-related.
- Witness Statements. Get written or recorded statements from coworkers or other witnesses who saw the incident or can verify your account.
- Photographic Evidence. Photograph the injury, accident site, safety hazards, and equipment.
- Employment Records. Keep copies of job descriptions, training records, safety protocols, and event correspondence.
- Communication Logs. Log all emails, letters, and phone calls with your employer, workers’ compensation board, and insurance adjusters.
- Workplace Safety Reports. Request company or third-party internal safety reports, maintenance logs, or incident investigations.
What rights do family members have if the employer denies liability in a workplace fatality case?
Families can demand survivor benefits from workers’ compensation for the deceased. The board will decide independently if the company denies liability. They can appeal a denied recompense case. This requires adding evidence and arguments to dispute the ruling.
Survivors can also sue for damages if the employer’s negligence caused the death. It includes pain, suffering, lost income, and other damages. At any stage, family members can consult personal injury law firms.
