Can You Be Fired After a Workplace Injury or WSIB Claim in Ontario?
It is illegal to punish you for getting hurt at work or filing a WSIB claim. You may also have a right to your job back and to be accommodated. Here is how it works.
Key takeaways
- It is illegal to fire or penalize you because you got hurt at work or filed a WSIB claim. That is a prohibited reprisal.
- Many employers have a re-employment obligation to take injured workers back when they are medically able.
- You also have a right to be accommodated for your injury under the Human Rights Code.
- A dismissal tied to your injury can stack a reprisal complaint, a human rights claim, and a severance claim.
- Do not assume a firing after an injury is lawful. The timing is a red flag.
In this article
Getting hurt on the job is stressful enough without worrying about losing it. The law takes that worry seriously: punishing an employee for being injured or for claiming benefits is one of the things it most clearly prohibits.
✅Quick answer. No, your employer cannot fire or penalize you because you were injured at work or filed a WSIB claim, that is an unlawful reprisal. Many employers also have a re-employment obligation to bring injured workers back when they are medically able, and a Human Rights Code duty to accommodate your injury. A dismissal connected to your injury can give rise to several overlapping claims.
Can you be fired for getting hurt at work?
Not because of the injury or the claim. Ontario's workplace safety laws make it a reprisal to dismiss, threaten, or penalize a worker for filing a WSIB claim or seeking benefits. An employer can still end employment for a genuinely unrelated reason, but if the injury or claim was a factor, the dismissal is unlawful.
WSIB reprisal protection
If you are punished for claiming, you can bring a reprisal complaint, and the remedies can include reinstatement, lost wages, and penalties against the employer. The point of the protection is to make sure injured workers are not scared out of the benefits they are entitled to.
The re-employment obligation
Beyond reprisal, many Ontario employers (generally those with 20 or more workers) have a legal obligation to re-employ an injured worker who has been with them for a qualifying period, once the worker is medically able to return. The employer must offer suitable work and accommodate the injury, and this obligation lasts for a set period after the injury.
The duty to accommodate your injury
On top of the WSIB rules, the Human Rights Code requires your employer to accommodate a disability, which a workplace injury usually is, to the point of undue hardship. That can mean modified duties, a graduated return, or adjusted hours. Skipping the accommodation process is a common and costly employer mistake, the same as with any medical leave.
What should you do if you were fired after an injury?
- 1.Write down the timeline: when you were injured, when you claimed, and when you were let go.
- 2.Keep your medical documents and any communications about your claim or return to work.
- 3.Do not sign a release on the spot.
- 4.Get advice. A dismissal tied to a workplace injury can support several claims at once. A free review tells you where you stand.
Frequently asked questions
Can my employer fire me for filing a WSIB claim?
No. Firing or penalizing you because you filed a WSIB claim is an unlawful reprisal. You can bring a complaint, and remedies can include reinstatement, lost wages, and penalties against the employer.
Does my employer have to give me my job back after a workplace injury?
Many employers (generally those with 20 or more workers) have a re-employment obligation to take an injured worker back when medically able, offer suitable work, and accommodate the injury, for a set period after the injury.
Can I be let go while off work for a workplace injury?
Not because of the injury. A dismissal connected to your injury can be an unlawful reprisal and a breach of the duty to accommodate. The timing of a dismissal during an injury leave is a serious red flag.
What can I claim if I was fired after a workplace injury?
Potentially a reprisal remedy, a human rights claim for failure to accommodate, and wrongful dismissal severance. These can overlap, so it is worth getting the situation reviewed.
Omar Haddad
Legal Writer, Mirza Law
Omar Haddad is a legal writer at Mirza Law in Toronto. He writes about termination, medical and disability leave, and what the law protects when an employee is let go.
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