Navigating Workplace Injuries Unknown to Health and Safety Regulations

Imagine finding out, after being severely injured at work, that what you were doing was against your employer's health and safety policies, which you were never informed about. This predicament is not uncommon, especially in jurisdictions like Ontario, Canada. Yet, all workers are entitled to benefits regardless of the circumstances under which they were injured. This article delves into the legal and practical steps you can take if you find yourself in such a situation.

Understanding Your Rights

Even if an injury occurs due to duties that were not previously known to be against health and safety regulations, you are still entitled to workers' compensation benefits in Ontario. Employers may request cost relief, but this does not interfere with your rights as an employee. Seeking legal advice from a paralegal or lawyer specialized in workers' compensation claims is crucial to fully understand your rights and the next steps to take.

Personal Experience in Australia

From personal experience, in Australia, if you are injured at work, both physically or mentally, you can file a claim with WorkCover. WorkCover pays approximately 75% of your old income but requires you to attend medical appointments or psychiatrist appointments as and when WorkCover dictates. While there is a substantial amount of administrative work involved, the benefits are worth it, especially if you are unable to work for several years, as was my case.

Steps to Take After the Injury

Here are the steps you should consider taking after sustaining a workplace injury:

Thorough Assessment by Specialists

Ensure you are thoroughly assessed by specialists. Keep a detailed record of your aches and pains, limitations in activity, emotional status, and quality of sleep. Document this on a daily basis to provide comprehensive evidence for your case.

Follow Treatment Referrals

Strictly follow any referrals for treatment, such as physiotherapy or chiropractic care. Document the dates, healthcare personnel, and outcomes of each treatment. This information is crucial for your case.

Keep Receipts and Documentation

Set up a folder for all medical expenses, even over-the-counter medications and ointments, braces, crutches, and any other related items. If you needed assistive devices like a commode chair or urinal, keep the receipts. You might be reimbursed one day. Staying positive and proactive is essential.

Prepare for Investigation

Be aware that companies often hire private investigators to film you when you are unaware. If you hurt your back, do not perform activities that could worsen your condition, like shoveling snow from your driveway.

Legal Considerations

While every jurisdiction has its own specific rules and regulations, the general principle is that if you were not aware of the health and safety law or rule that was broken, a claim is likely to be compensable. However, the Workplace Safety and Insurance Board (WSIB) in Ontario, for example, will adjudicate claims on a case-by-case basis and will require information from the injured worker, the employer, and the treating healthcare provider. Therefore, initiating a claim and providing thorough documentation are essential.

The legal and practical steps outlined here can help you navigate through a difficult time. If you are in this situation or know someone who is, I wish you all the best. May you find the support and resources needed to ensure a fair and appropriate outcome.