In Ontario, it is strictly illegal for an employer to fire or punish you for filing a Workplace Safety and Insurance Board (WSIB) claim. This is known as a reprisal. If you are terminated after a workplace injury, you generally have the right to pursue a full common law severance package through a wrongful dismissal lawsuit, as well as human rights damages.
Suffering an injury while on the job is a highly stressful experience, and you naturally expect your employer to support your recovery. 😞 Unfortunately, across Ontario, from manufacturing plants in Hamilton to busy offices in Toronto and warehouses in Mississauga, some employers try to silence injured workers. To avoid facing safety investigations or paying higher insurance premiums, a company might suddenly terminate your employment shortly after you report an accident. Under the Ontario Workplace Safety and Insurance Act, punishing a worker for reporting an injury is a severe legal violation.
When an employer retaliates against you for exercising your legal rights, it goes far beyond a standard termination. ⚖ This aggressive tactic is classified as a “reprisal” and is generally treated as a bad-faith wrongful dismissal under Ontario common law. Not only are you owed your standard severance pay based on your age and years of service, but an employer who acts maliciously may also be ordered to pay aggravated or human rights damages for discriminating against you based on a temporary disability. Consulting a local employment lawyer is the best way to secure your financial lifeline.
Step-by-Step Process for Handling a WSIB Reprisal in Ontario
If you have been fired shortly after getting hurt, you must take calculated steps to protect both your health and your financial future. 📋 Most workers in this province follow this general process to hold their former employer accountable.
Step 1: Secure Your Medical and WSIB Records
Your absolute first priority is your health and officially establishing your WSIB claim. 📂 Ensure you have visited a doctor and submitted your Worker’s Report of Injury/Disease (Form 6) directly to the WSIB. Do not let the employer pressure you into keeping the injury off the books. Keep copies of all medical notes, emails to your manager reporting the injury, and the termination letter they handed you.
Step 2: Choose Your Legal Path Carefully
In Ontario, you generally face a crossroads: you can file a formal reprisal complaint with the WSIB, or you can pursue a wrongful dismissal lawsuit in civil court. 🤔 The WSIB has the power to order the employer to rehire you and pay lost wages, but they cannot award large common law severance packages. A skilled employment lawyer from a reputable law firm will review your case and advise you on which path will yield the maximum financial recovery for your specific situation.
Step 3: Having a Lawyer Draft a Demand Letter
If you and your lawyer decide that suing for severance is the best route, the next step is issuing a demand letter. ✉️ This letter is sent to your former employer, explicitly outlining that their termination was an illegal reprisal under Ontario law. The letter will demand a full common law severance package, compensation for lost benefits, and potentially damages for the stress and bad faith conduct surrounding the dismissal.
Step 4: Pursuing the Claim at the Superior Court of Justice
Because firing an injured worker is heavily frowned upon, many employers will quickly agree to a quiet severance settlement to avoid public scrutiny. 💰 However, if the company stubbornly claims you were fired for “completely unrelated reasons,” your lawyer will file a Statement of Claim at the Superior Court of Justice. Judges in Ontario look very harshly upon employers who try to abandon workers when they are at their most vulnerable.
How Much Does it Cost to Fight a Reprisal in Ontario?
Seeking justice against a large corporation does not have to drain your savings. 💸 Employment lawyers in Ontario offer accessible fee structures for injured workers:
- Initial Strategy Review: A comprehensive consultation to review your termination and WSIB documents usually costs between $350 CAD and $600 CAD.
- Contingency Fee Agreements: Because reprisal cases strongly favour the employee, most lawyers will take your wrongful dismissal claim on a contingency basis. They retain 25% to 35% of the final severance settlement, meaning you pay no upfront hourly fees.
- Hourly Billing: If you prefer to pay out of pocket, standard rates range from $400 CAD to $800 CAD per hour depending on the lawyer’s seniority.
- Court Costs: Filing a formal lawsuit at the Superior Court of Justice requires a government fee of approximately $339 CAD.
How Long Does the Process Take?
The timeline for resolving a reprisal dismissal varies based on the legal route you choose. ⌛ If you send a demand letter and negotiate a civil severance settlement, the matter can often be resolved in 4 to 10 weeks. If you choose to go through the WSIB’s internal reprisal investigation process, or if you must take your wrongful dismissal lawsuit to a full trial, it can easily take 12 to 24 months to reach a final decision.
WSIB Reprisal Claim vs. Wrongful Dismissal Lawsuit
| Feature | WSIB Reprisal Complaint (Section 133) | Wrongful Dismissal (Civil Court) |
|---|---|---|
| Primary Remedy | Can order the employer to give you your job back (reinstatement) and pay lost wages. | Securing a large, lump-sum common law severance package to transition to a new job. |
| Burden of Proof | Reverse onus: If fired within 6 months of an injury, the employer must prove it was NOT a reprisal. | The employee must prove the dismissal was wrongful or discriminatory. |
| Damages Available | Limited mostly to lost wages and specific WSIB penalties against the employer. | Full reasonable notice pay, lost bonuses, human rights damages, and aggravated damages. |
Frequently Asked Questions (FAQ)
What if they claim I was fired for ‘poor performance’ right after my injury?
This is the most common employer excuse. However, under Ontario law, if you are terminated within six months of a workplace injury, there is a ‘reverse onus.’ This means the law automatically presumes it was an illegal reprisal, and the employer must provide overwhelming evidence to prove the termination was genuinely unrelated to your WSIB claim.
Will my WSIB loss of earnings stop if I am fired?
Generally, no. Your entitlement to WSIB Loss of Earnings (LOE) benefits is based on your physical inability to work due to the workplace injury, not your employment status. Even if you are wrongfully dismissed, your approved WSIB medical and wage benefits usually continue.
Can the company fire me if my injury prevents me from doing my old job?
In Ontario, employers have a legal ‘duty to accommodate’ your disability to the point of undue hardship. They must try to modify your duties or find you alternate suitable work. If they simply fire you without trying to accommodate you, it is a human rights violation and a wrongful dismissal.
Can I get Employment Insurance (EI) while fighting the reprisal?
It depends on your recovery. You cannot collect standard EI regular benefits and WSIB loss of earnings at the same time. However, if the WSIB clears you for modified work, but your employer fired you instead of bringing you back, you may be eligible to claim EI while your lawyer pursues your severance.
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