Workplace Safety and Insurance Law

The Workplace Safety and Insurance Act, 1997 (WSIA) establishes a no-fault system of mandatory insurance for most employers within the province and a benefits scheme for compensation of the workers of those employers who are injured in the course of their employment.

As a result of the insurance and compensation system, commonly referred to as workers' compensation, a workers' rights to commence a civil action relating to the injury is either taken away or significantly restricted. Although the right to commence an action for compensation relating to a workplace injury may be taken away, the WSIA does not displace a worker's rights under the Human Rights Code, the Employment Standards Acts 2000, the Labors Relations Act, 1995, the Occupational Health and Safety Act, a collective agreement in place between the worker's union and employer, or common-law rights to commence an action for wrongful dismissal. a worker's entitlement to benefits under the Employment Insurance Act, the Canada Pension Plan, or under private disability plans is not reduced by virtue of the WSIA.

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