Slip‑and‑fall accidents are among the most common workplace incidents in Canada. The City of Toronto notes that around 60,000 Canadian workers are injured annually in falls and that approximately 17,000 of those injuries occur in Ontario. Those accidents account for more than 20 % of all lost‑time injuries for city employees.
They aren’t just statistics; they affect real people who will come across this question: Can I sue my employer for a slip‑and‑fall at work?
Well, we are here to answer that for you.
Understanding Slip‑and‑Fall Injuries in the Workplace
Why Slip‑and‑Fall Accidents Happen
Most falls happen on the same level. The Canadian Centre for Occupational Health and Safety (CCOHS) reports that 67 % of falls occur on the same level due to slips and trips, while about 30 % involve falls from heights. Common causes of slips include wet or oily surfaces, occasional spills, weather hazards, loose or unanchored mats, and uneven flooring.
Trips often result from obstructed views, poor lighting, clutter, wrinkled carpets, uncovered cables and uneven walking surfaces. The City of Toronto’s prevention policy uses similar definitions and stresses that slips occur when there is too little traction and trips occur when the foot strikes an object.
Consequences of Falls
When traction is lost, the body can twist unexpectedly. Injuries range from bruises and sprains to fractured bones and traumatic brain injuries. Falls on wet surfaces may lead to wrist and shoulder fractures, while tripping over a loose cable may cause head trauma. Employers should take these risks seriously; they impact workers’ livelihoods and a business’s productivity.
Employer Duties Under Ontario’s Occupational Health and Safety Act (OHSA)
Ontario’s Occupational Health and Safety Act (OHSA) imposes clear obligations on employers. The government’s guide explains that employers must instruct, inform, and supervise workers to protect their health and safety. They must provide equipment and ensure that it is kept in good condition.
Critically, clause 25(2)(h) requires employers to “take every precaution reasonable in the circumstances for the protection of a worker”. They also have to post the OHSA and a health‑and‑safety policy in the workplace.
These duties mean employers should:
- Maintain safe walking surfaces by fixing uneven floors and promptly cleaning spills.
- Provide adequate lighting and ensure hallways and work areas are free of clutter.
- Train staff on hazard recognition and safe work practices.
- Conduct regular inspections and respond quickly when hazards are identified.
- Supply appropriate footwear or traction devices when conditions warrant.
By law, your employer must design a workplace free from slip‑and‑fall hazards. If they knowingly ignore these responsibilities, they may be considered negligent. However, negligence alone doesn’t always mean you can sue; the Workers’ Compensation system in Ontario affects your legal options.
Workers’ Compensation Benefits and the WSIB System
What Is the Workplace Safety and Insurance Board (WSIB)?
The Workplace Safety and Insurance Board (WSIB) administers Ontario’s no‑fault workers’ compensation system. It exists so that people injured at work receive medical care and wage‑loss benefits without having to sue their employer. This system is funded by employers, and coverage is mandatory in most industries.
Reporting Your Injury
You must report a workplace injury promptly. The WSIB states that workers have six months from the date of injury or diagnosis to file a claim. The Board emphasizes that you should still report even if your supervisor discourages it or says you’re not covered. Employers must submit accident reports within three business days once they are aware of a compensable injury. Discouraging or delaying reporting is against the law and may lead to penalties.
What Benefits Are Available?
Benefits typically include:
- Medical treatment and rehabilitation costs, such as hospital bills, physiotherapy and prescription medications.
- Wage‑loss benefits that replace a portion of your earnings while you recover.
- Return‑to‑work support and retraining if your injury prevents you from returning to the same duties.
- Survivor benefits if a workplace fall results in death.
These benefits apply regardless of who was at fault. Because the system is no‑fault, you don’t have to prove negligence to get WSIB benefits. In exchange, you generally give up the right to sue your employer, a principle known as the exclusive remedy.
Limitations on Suing Your Employer in Ontario
The Exclusive Remedy and “Right of Action”
Under the Workplace Safety and Insurance Act (WSIA), workers covered by WSIB usually cannot sue their employers. The WSIB’s policy on third‑party rights of action explains that workers may sue only when their injury results from the negligence of someone other than the worker or employer who is not covered under Schedule 1.
If the accident involved only employees in the course of employment, the worker has no right of action against any Schedule 1 employer, director or executive officer. A similar bar applies to Schedule 2 employers (e.g., many public‑sector workplaces); workers cannot sue their own Schedule 2 employer or co‑workers.
Choosing Between Benefits and a Lawsuit
In rare cases where a lawsuit is possible, workers must elect between WSIB benefits and suing. The WSIB states that when a worker is entitled to claim benefits and also to commence an action, they must choose within three months by signing an election form.
Once you elect to receive WSIB benefits, you cannot later withdraw the claim and sue without the WSIB’s permission. If you choose to sue and later settle or win, the WSIB will reduce any benefits by the amount recovered.
Why Can’t You Sue Your Employer?
The compensation system is designed to balance risks between employers and employees. In exchange for funding the WSIB, employers are protected from most lawsuits arising from workplace injuries. This system speeds up compensation for injured workers and avoids costly court battles. The trade‑off is that you usually cannot claim pain and suffering damages or punitive damages from your employer.
Exceptions: When You May Sue Your Employer
Although the ability to sue your employer is limited, exceptions exist:
- Employer Intentional Harm or Gross Negligence If your employer deliberately injures you or engages in behaviour so reckless that it amounts to intentional wrongdoing, you may have the right to sue. These cases are rare and difficult to prove
- No WSIB Coverage: Some industries and individuals are exempt from mandatory WSIB coverage. If your employer does not have coverage (for example, certain banks, law firms or federally regulated industries), you may be able to bring a civil lawsuit for negligence. Always verify whether your employer is registered with WSIB.
- Third‑Party Negligence: If your injury was caused by someone else’s negligence, such as a property owner, contractor, delivery company or maintenance contractor, you can sue that third party even if you are receiving WSIB benefits. The WSIB policy notes that a “right of action” exists when the injury results from a third party who is not covered under Schedule 1. For example, if you slip on a freshly mopped lobby floor maintained by an outside cleaning company, you may bring a claim against that company.
In any of these scenarios, it is vital to consult a personal injury lawyer quickly. Deciding whether to elect a lawsuit or claim benefits is complex and governed by strict deadlines.
Third‑Party Claims and Personal Injury Lawsuits
When a third party causes or contributes to your injury, a personal injury lawsuit allows you to seek damages beyond the WSIB benefits, such as compensation for pain and suffering, future income loss, and long‑term care needs. To succeed, you must prove negligence by establishing four elements:
- Duty of care: The defendant owed you a duty to provide a safe environment (for example, a building owner must keep floors free from hazards).
- Breach of duty: They failed to meet that duty, such as by not fixing a leaking roof or failing to post warning signs.
- Causation: The breach directly caused your injuries.
- Damages: You suffered actual losses (medical bills, lost wages, pain and suffering).
Collecting evidence is crucial. Photographs of the hazard, incident reports, witness statements, medical records, and even weather reports can strengthen your claim. The WSIB notes that workers have no right to sue their own employer or co‑workers, so your lawsuit must target a third party. If successful, the WSIB may recover its expenditures from the damages and pay you any surplus.
Pro Tips for Building a Third‑Party Case
- Act fast: Memories fade, and hazards are cleaned up. Take photos and collect names immediately after the accident.
- Notify the third party: Send written notice to any property owner, contractor or supplier who may be responsible.
- Consult professionals: Personal injury lawyers and engineers can investigate and identify all responsible parties.
- Track your losses: Keep receipts for medication, travel expenses and any assistive devices. Record missed workdays and reduced hours.
Steps to Take After a Slip‑and‑Fall at Work
A few simple actions can protect your health and your legal rights:
- Seek medical attention: Your safety comes first. Visit a doctor even for minor symptoms; concussions and fractures may not be immediately obvious.
- Report the incident: Notify your supervisor and fill out your employer’s incident report. Remember, you must report within six months to claim WSIB benefits.
- Document everything: Take photos of the hazard, your injuries and the surrounding area. Make notes about weather conditions, lighting and footwear.
- Gather witness information: Collect names and contact details from anyone who saw the fall. Their testimony can corroborate your account.
- File your WSIB claim: Complete the Worker’s Report of Injury (Form 6) and ensure your employer submits Form 7 within three days.
- Keep a recovery journal: Record your symptoms, medical appointments and how the injury affects your daily life.
- Consider legal advice: If you believe a third party or an uninsured employer is responsible, contact a lawyer. They can help you determine whether you have a right of action under the WSIB rules and whether you should elect to sue.
Is It Worth Suing Your Employer?
The question is, is it worth suing your employer? depends on your specific circumstances. Because WSIB coverage generally bars lawsuits, the answer for most Ontario workers is “no”. Suing your employer is possible only when no WSIB coverage exists or the employer intentionally harmed you. If your injury involves a third party, you might sue them, but you will still need to consider the following factors:
- Amount of damages: Lawsuits can provide higher compensation for pain and suffering, but they require proving fault and may take years.
- Strength of evidence: Strong evidence of negligence is essential. Without it, insurers may deny liability.
- Time limits: You must elect to sue within three months of the accident, and you have a general limitation period of two years to file a lawsuit in Ontario.
- WSIB recovery: The Board will recover any benefits paid from your damages award.
- Stress and cost: Litigation can be stressful and expensive. If your injuries are minor and the WSIB benefits sufficiently cover your losses, pursuing a lawsuit may not be worthwhile.
Given these considerations, consulting a knowledgeable injury lawyer is the best way to determine if pursuing a lawsuit makes sense. They can review WSIB coverage, identify potential third‑party defendants and estimate potential damages. When WSIB benefits fully compensate you, focusing on recovery rather than litigation is often the prudent choice.
Ready to protect your rights? Contact us today for a confidential consultation.
Frequently Asked Questions
Can I sue my employer for a workplace injury in Ontario?
Generally, no. Ontario’s workers’ compensation system makes WSIB benefits your exclusive remedy, so you cannot sue a WSIB‑covered employer for a work injury. You may have a right of action only against a third party not covered under WSIB or if your employer intentionally harmed you or lacks WSIB coverage.
How long do I have to report a slip‑and‑fall injury?
You have six months from the date of injury or diagnosis to file a claim with the WSIB. However, you should report the accident to your employer immediately to ensure timely documentation and compliance.
What benefits does the WSIB provide?
The WSIB covers medical treatment, rehabilitation, wage‑loss benefits, return‑to‑work assistance and survivor benefits. Employers must submit accident reports within three business days, and it is illegal to discourage reporting.
What is a third‑party claim?
A third‑party claim is a personal injury lawsuit against someone other than your employer or co‑worker. The WSIB’s third‑party rights of action policy explains that workers may sue a negligent third party not covered by the WSIB. If you elect to sue, you must do so within three months and the WSIB will recover any benefits paid from your damages.
Can I be fired for reporting my injury?
No. It is against the law for employers to penalize you for reporting a workplace injury. The WSIB notes that discouraging or delaying injury reporting is illegal and can result in penalties. You also have the right to refuse unsafe work under the OHSA if you believe your health and safety are in danger.
Disclaimer: The information provided in this blog is for general informational purposes only. For professional assistance and advice, please contact experts.
