Can I sue my employer for a workplace injury?

Generally no, in covered workplaces. The WSIB scheme provides no-fault benefits in place of the right to sue — the central trade-off of workers' compensation.

How do I appeal a denial?

Request a reconsideration from the WSIB with an Intent to Object, within the applicable deadline. Only after that can you appeal to the WSIAT.

Is help available at no cost?

Yes. Ontario's Office of the Worker Adviser assists non-unionized workers, and the Office of the Employer Adviser assists small employers — both free.

Are mental stress claims covered?

Chronic and traumatic mental stress can be compensable under defined criteria. These claims are evidence-intensive and often benefit from representation.

WSIB Ontario — Workplace Injury Claims, Benefits & Appeals

Workplace Safety and Insurance Board (WSIB)

The WSIB administers Ontario's workplace injury insurance. In exchange for no-fault benefits, workers in covered workplaces generally cannot sue their employer for a work injury — the historic trade-off at the core of the system. If the WSIB denies or reduces your entitlement, you request an internal reconsideration first, and only then appeal to the WSIAT.

What it does

Decides entitlement to benefits for workplace injury and illness
Pays loss of earnings, health care and non-economic loss benefits
Oversees return-to-work and re-employment obligations
Sets employer premiums and enforces registration

Matters it hears

Initial entitlement denials
Occupational disease and repetitive strain claims
Loss of earnings and permanent impairment assessments
Return-to-work disputes
Chronic and traumatic mental stress claims

Appeals & review

Appeals generally go to Workplace Safety and Insurance Appeals Tribunal (WSIAT).

Request internal reconsideration by the WSIB first; if unresolved, appeal to the Workplace Safety and Insurance Appeals Tribunal. Both stages have deadlines.

Appeal and review deadlines are short and strictly applied. Treat the decision date as the start of a clock.

Frequently Asked Questions

Can I sue my employer for a workplace injury?: Generally no, in covered workplaces. The WSIB scheme provides no-fault benefits in place of the right to sue — the central trade-off of workers' compensation.
How do I appeal a denial?: Request a reconsideration from the WSIB with an Intent to Object, within the applicable deadline. Only after that can you appeal to the WSIAT.
Is help available at no cost?: Yes. Ontario's Office of the Worker Adviser assists non-unionized workers, and the Office of the Employer Adviser assists small employers — both free.
Are mental stress claims covered?: Chronic and traumatic mental stress can be compensable under defined criteria. These claims are evidence-intensive and often benefit from representation.

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General information about jurisdiction and process, not legal advice. LegalCounselNearMe is not a law firm and is not affiliated with Workplace Safety and Insurance Board (WSIB). Procedures, forms and fees change — the official site is authoritative.