Chapter 8 ▯ Workplace Safety and Insurance Act (Compensation, Rehabilitation)
• Regardless of who was at fault
• In exchange for a nofault system, workers have given up their right to sue
employers for workrelated injuries or disease.
• Emphasizes preventing injuries and reducing their effects.
Key Features of the WSIA
1. Funded entirely by employers
2. Against the law for workers to contribute to WSIA premiums
3. Workers cannot waive their benefits
4. Employers with 20 or more employees are obliged to reemploy injured workers
who have at least one year’s service, whenever possible.
• Not Covered: Financial institutions, recreational and social clubs, broadcasting,
trade unions, law firms, barber shops, educational institutions, vets, dental offices.
1. Willful Misconduct
a. Suffers an injury or disability that rises out of and in the course of his or
b. Does not cover an injury that is solely a consequence of the serious and
willful misconduct of the worker, unless it results in death or serious
c. S.17 applies only to workers who are injured as a result of intentionally
breached a wellknown rule.
2. Arising Out of and in the Course of His or Her Employment
a. Benefits are paid as long as a worker is performing workrelated duties
anywhere on the employer’s premises during her work hours.
b. Reasonably incidental to the job
c. Rebuttable Presumption: that accidents sustained during employment
arise out of and in the course of employment (s.13,2)
d. It is not sufficient for an employer to present a theory of nonemployment
relatedness as ONE of a NUMBER of possible theories of causation.
e. A worker who experiences a secondary injury that is casually linked to a
workrelated injury may receive benefits for a secondary injury.
f. A second accident that is not workrelated but that aggravates a
compensable injury may be compensable.
3. Disability Claims
a. Where the onset of an injury is gradual The onus is on the WORKER to
show that a relationship between the disability and the work.
b. It is not necessary that the work be the primary or dominant cause of the
4. Occupational Diseases a. Disability benefits may be available to a worker who is not physically
disables but who must remain off work to avoid exposure to a hazardous
substance or to avoid infecting others
5. Mental Stress and Chronic Pain
a. S. 13(5) an employees claim for mental stress can succeed only if it is “an
acute reaction to a sudden and unexpected traumatic event arising out of
and in the course of his or her employment.”
b. NOT entitled to benefits for decision or actions relating to the worker’s
employment, including a decision to CHANGE THE WORK or
WORKING CONDITION or to DISCIPLINE or TERMINATE.
c. Benefits for chronic pain usually paid where pain was ini