Occupational Health & Safety & Workers’ Compensation Law

Given the substantial fines often meted out in occupational health and safety matters, employers are rightly concerned to have the best possible legal support when faced with a Ministry of Labour prosecution.

Johnstone & Cowling LLP routinely defends employers in prosecutions under the Ontario Occupational Health and Safety Act, securing acquittals and withdrawal of charges in numerous claims.

The Workplace Safety and Insurance Board is responsible for administering the Workplace Safety and Insurance Act, 1997, (the ”WSIA”) which in turn prescribes a no-fault workplace accident insurance system. In exchange for no-fault insurance benefits, workers surrender their right to sue their employer. In order to provide insurance benefits to injured workers, employer pay premiums depending on the type of business activity the employer conducts.

Dealing with workers’ compensation claims can be both time-consuming and costly for an employer. Accordingly, employers should have a comprehensive understanding of both their rights and obligations in this regard. Further, employers should ensure that they have an appropriate workplace injury management system in place in order to fulfill the statutory requirements of the WSIA, and return workers to the workplace quickly and safely.

Johnstone & Cowling LLP has extensive experience in assisting employers in fulfilling their obligations with respect to workers’ compensation. We also act for employers in workers’ compensation claims, including challenges to the validity of such claims and appeals before the Workplace Safety and Insurance Appeal Tribunal.