The Workplace Safety Insurance Act & Summer Employment

 In Blog, Employment & Wrongful Dismissal, Linley, W. Paul

It’s that time of year again — when students trade in their books and backpacks for summer employment.

What many do not realize is that part-time and summer student workers have certain rights and protections with respect to their employment, pursuant to a variety of legislative enactments made by the Ontario government, including the Workplace Safety Insurance Act (WSIA).

The Workplace Safety Insurance Act (WSIA)

The Workplace Safety and Insurance Act provides all rights and remedies for and to individuals who have been involved in workplace incidents/accidents and sustained injuries as a result of performing their job responsibilities, including student employees.

In the unfortunate event that a worker sustains a workplace injury in the performance of their job duties, the WSIA provides remedies and compensation to that worker for those injuries. This compensation can take the form of wage replacement and/or a lump sum payment for loss of bodily function resulting from the workplace injury or accident.

However, in order to ensure that a student worker, or any worker, who sustains a workplace injury is covered by the compensatory provisions of the WSIA, a specific procedure must be followed by both the injured worker and the employer.

WSIA Procedure

First, upon realizing that an incident has occurred or an injury has been sustained, the worker must immediately report the incident and injury to the employer. If necessary, depending on the seriousness of the incident or injury, the injured worker should seek immediate medical attention and treatment.

Thereafter, and as soon after the incident as possible, the injured worker is required to complete a Form 6, Workers Report of Injury, and file the form with the Workplace Safety and Insurance Board. Likewise, the employer is obligated to complete and file a Form 7, the Employer’s Report of Incident or Injury, which contains a description of the incident and the resulting injury to the injured worker.

Finally, it is necessary for the treating physician to complete and file with the Board a Form 8 confirming the nature of the injury, that the injury was sustained during work-related activity, and to outline any restrictions that are required for the injured worker to return to work, if appropriate.

Failure to take the above steps could result in the Board denying entitlement to a legitimate workplace injury claim.

Students and summer workers are entitled to coverage under the Workplace Safety and Insurance Act; and it important to take note of your rights and responsibilities during the course of your employment.

If you would like to know more about employment law and workplace safety insurance, contact Brown Beattie O’Donovan. We wish all workers a safe and happy summer.

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