As an employer, you have certain responsibilities towards your employee if they are injured at work. This is not just to comply with the law and prevent any penalties, but also to help your injured employee get back to work safely.
This article will explain what you need to do when that happens.
What to do when your employee is injured at work
Canadian laws on workplace injuries
Federal and provincial/territorial laws on occupational health and safety will guide you on what to do in case of an injury or illness at work. These laws are:
1. For federally regulated workplaces: federal laws such as:
- Canada Labour Code
- Canada Occupational Health and Safety Regulations
2. For private sector workplaces not federally regulated: provincial laws, for example:
- Ontario: Occupational Health and Safety Act
- Québec: Act respecting Occupational Health and Safety
- British Columbia: Occupational Health and Safety Regulation
- Alberta: Occupational Health and Safety Act
- Manitoba: The Workplace Safety and Health Act
Similarly, laws on workers’ compensation or long-term disability benefits will help guide you as your employee recovers. Some of these laws are:
- Canada Pension Plan (CPP)
- Government Employees Compensation Act (GECA)
- Provincial programs, such as:
- Ontario: Ontario Disability Support Program (ODSP) and Workplace Safety and Insurance Board (WSIB)
- British Columbia: WorkSafeBC and BC’s Disability Assistance
- Québec: Québec Pension Plan
Steps to do when an employee is injured
It is important to know what to do when your employee is injured at work. Be prepared when that happens.
Be proactive in preventing workplace-related injuries. Consult with an occupational health and safety lawyer in your area. If your company is in Toronto or Ottawa, for example, contact an occupational health and safety lawyer in Ontario as ranked by Lexpert.
1. First aid or emergency response
Your employee is required to report to you or to the health and safety committee or a representative about the work-related injury or illness.
First aid must be given to your employee. They should be taken to the hospital when necessary.
This process satisfies the requirements when claiming for any benefits under the law. It also ensures that the employee is properly treated, avoiding any medical complications.
2. Investigate and report
Immediately after your employee has been treated, cordon off the accident site and preserve any evidence. This is for the investigation and reporting process.
Under federal and provincial law, you must submit a report to the appropriate government regulating authority regarding the incident. The period for submitting a report varies according to the law which governs your workplace.
If you're federally regulated, you must report to the Labour Program of Employment and Social Development Canada no later than 24 hours in case of death, serious disabilities, explosions, or machine-related disasters.
You and your health and safety committee or representative must also submit a separate written report within 14 days to the Labour Program.
If you’re covered by provincial legislation or not federally regulated, submit your report to your provincial workers’ compensation board. The deadline for submitting a report will vary per province. In Ontario for example, a report to the Workplace Safety and Insurance Board (WSIB) must be submitted within 3 days.
3. Address the workplace hazard
Based on the investigation, you will have to address the hazard that caused the injury or illness. Get your health and safety committee or representative involved in consultation with the other employees.
Watch this video to know more about investigation, reporting, and other things to consider when your employee is injured at work:
For more information on keeping employees safe, here’s everything you need to know about occupational health and safety at work.
What are your employees’ benefits when they’re injured due to work?
When your employee is injured at work, make sure that they are informed of the benefits they can receive. Check that they receive these benefits. This is especially important when their injury prevents them from returning to work for a period of time.
No loss of employment
The benefits for your injured employee must continue, even in their absence. This includes your contributions for their pension plan and health and disability benefits.
Your employee must also have the same seniority rights when they return to work. The law strictly prohibits firing or laying off your employee while away due to a work-related injury or illness.
Modified work
You and your employee can agree on a modified work arrangement while they recover. Your employee may be assigned any other job, either at home or at the workplace. This new job must not interfere with the employee’s recovery.
You may have to report to the relevant government agency or to the provincial workers’ compensation boards regarding this arrangement.
Statutory leave
When deciding what to do when your employee is injured at work, let them decide whether to use statutory leave. This will entitle your employee to still receive pay for the period of absence. Statutory leave may include vacation leave, sick leave, or long-term illness and injury leave.
You may also have to check the employment contract and the collective bargaining agreement (if there’s a union) on the specific conditions regarding leave.
Workers’ compensation
Whether you’re a federally regulated industry, or a private sector entity that is not federally regulated, you may file your employee’s compensation claim before your provincial workers’ compensation board.
As an employer, you’re required to pay premiums to your provincial workers’ compensation board. You may even be penalized for not paying these premiums. Check with an occupational health and safety lawyer for more details on this requirement.
Long-term disability benefits
When your employee who was injured at work needs a longer term to recover, claiming long-term disability benefits might be an option. This will provide your employee with certain benefits that may possibly complement workers’ compensation and/or statutory leave.
Want to know more about what to do when your employee is injured at work? Ask any of the Lexpert-ranked lawyers on occupational health and safety in Canada.