It is a policy of the country to protect employees and workers from occupational diseases and to help them safely recover from such illnesses. To put this purpose into action, laws on workers’ compensation are there to provide certain benefits.
Can I get benefits in Canada if I contract an occupational disease?
Under the different Canadian laws on workers’ compensation, an employee or a worker who contracts a workplace disease or illness is eligible for benefits such as:
- Wage loss benefits
- Rehabilitation assistance
- Permanent disability award
- Survivor's benefits in case of the worker’s death
These benefits are administered by the Workers’ Compensation Board (WCB) of each province or territory.
Federal and provincial laws
Each province and territory in Canada have enacted its own laws on work-related diseases and injuries, aside from laws on occupational health and safety.
In addition, Canada also has a federal law, the Government Employees Compensation Act (GECA).
As to its application, these laws can be classified into:
- Federal law: applies to federal employees in all federal departments or agencies and Crown corporations
- Provincial or territorial laws: applies to all other employees in the private sector, or industries as specified by these provincial or territorial laws
Some of these laws exempt some industries from coverage. They may opt for voluntary coverage through the process laid out by their applicable WCB.
Occupational disease
Occupational diseases are illnesses contracted by an employee because of:
- long-term hazardous or unhealthy conditions in the workplace; or
- the nature of an employee’s work or daily duties.
It has a broad scope to allow a wider range of eligibility for employees who contract such diseases.
Occupational disease vs. Work-related injury
Both occupational diseases and work-related injuries are covered by the benefits for work-related injuries and diseases in Canada. However, there are differences between the two on the kinds of disabilities they cover.
Occupational diseases develop over time while work-related injuries are caused by sudden workplace accidents (e.g., errors in machinery).
What are the most common types of occupational diseases?
There are different occupational diseases that are recognized and compensated for by workers’ compensation in Canada.
Occupational diseases include:
- Diseases contracted during the employee’s day-to-day operations
- Diseases caused by the employment’s nature
- Diseases that were aggravated due to the employment’s nature
The specific list may be given by the WCB which has jurisdiction over your workplace. However, below are the types of occupational diseases that are most common among the provinces and territories in Canada.
Diseases caused by the nature of employment
The most general type of occupational diseases is caused by the nature of employment. These diseases may have developed over time due to the gradual use of a specific part of the body. These diseases may also be a common consequence of the work in that industry.
Some examples of which are:
- Hand-arm vibration syndrome
- Noise-induced hearing loss
- Tendon injuries
- Viral infections
- Knee or shoulder bursitis
See this video for an actual case of noise-induced hearing loss in the workplace:
To find out more on how the government can support workers with occupational diseases, read our primer on the Workers’ Compensation Act.
Diseases caused by chemicals or hazardous materials
There are also diseases caused by the employee’s exposure to certain chemicals and hazardous substances on a regular basis.
While there is an assumption of risk on the part of employees, Canadian laws on occupational health and safety provide that employers must ensure that such risks must be minimized.
Examples of diseases that can be attributed to chemicals or hazardous materials are:
- Asthma
- Asbestosis and other asbestos-related diseases
- Cancer (e.g., gastrointestinal cancer, lung cancer, skin cancer, etc.)
- Chemical poisoning caused by lead, mercury, manganese, and other toxic substances
- Dermatitis
- Radiation injury
- Silicosis
How is an occupational disease proven in Canada?
When filing a claim before the WCB, the burden of proving that the disease is one that must be considered as an “occupational disease” is on the employee. This applies even when the employee appeals their case administratively or before the judicial courts.
Causation
It must be shown that an employee’s disease or illness was reasonably caused by their employment. This can be proven by showing that the type of work, the workplace environment, or chemicals or hazardous materials have caused or worsened the disease suffered by the employee.
Presumption of causation
A presumption of causation arises when employees – who were healthy before they were hired – became ill or contracted an occupational disease at the time of their employment.
One example of this is found under Ontario’s Workplace Safety and Insurance Act. The Act provides that there is a presumption regarding causation when a worker was employed in a process under the Act’s Schedule 3 and contracted an illness or disease listed under the same Schedule.
In such situations, the condition of the employee at two different points in time can be used to prove the employee’s claim for any work-related diseases or illnesses.
Exposure to specific chemicals
Causation may also be established when it can be shown that the employee has been exposed to a specific chemical that caused the occupational disease. Here, it is obvious that the chemical must have some relation to the disease or illness being claimed for.
For example, claims for asbestosis must be established with the employee’s daily or regular exposure to asbestos.
Physician’s diagnosis
According to the regulations of the WCBs in Canada, a diagnosis from a duly approved physician or doctor is mandatory when submitting a claim for a workplace disease.
There are certain occupational diseases that need medical diagnosis before a claim may be approved. For example, WorkSafeBC expressly requires a medical diagnosis for diseases listed under Schedule 1 of British Columbia’s Workers Compensation Act.
Have you contracted an occupational disease and want to file a claim for workers’ compensation? Contact any of the Lexpert-ranked workers’ compensation lawyers in Canada