In Ontario, probationary employees are fully covered by the WSIB from the very first minute they start working. Employers cannot use your probationary status to deny your workplace injury claim, nor can they legally fire you simply because you applied for WSIB benefits.
Starting a new job in a city like London, Windsor, or Toronto is exciting, but suffering an injury during your probationary period can be terrifying. 😓 Many new workers mistakenly believe they have no rights until they pass their typical 3-month probation. Under the Workplace Safety and Insurance Act (WSIA), this is entirely false. Coverage is immediate.
Employers sometimes try to mislead probationary staff, suggesting that claiming WSIB will “ruin their chances” of securing permanent employment. This behaviour is illegal. Ontario law explicitly protects workers from reprisal, meaning you cannot be penalized for exercising your right to report a workplace accident.
Step-by-Step Process for Probationary Workers in Ontario
The claims process for a new hire is identical to that of a 20-year veteran at the company. However, because you are new, you must be extra diligent in documenting the process to protect yourself against wrongful termination.
Step 1: Report the Injury to Management Immediately
Do not wait until the end of your shift, and do not try to “tough it out” to look good during probation. 🚨 Notify your supervisor or HR department immediately. By law, if you require medical attention or lose time from work, the employer must submit an Employer’s Report of Injury/Disease (Form 7) to the WSIB within three business days of learning of the accident.
Step 2: Seek Professional Medical Care
Visit an emergency room, clinic, or your family doctor. Be perfectly clear that the injury happened while you were performing your job duties. The healthcare provider will complete a Form 8 and send it to the WSIB, which helps officially open your claim file.
Step 3: File Your Own Form 6
Never rely solely on your new employer to handle the paperwork. You must file a Worker’s Report of Injury/Disease (Form 6). 💻 This can be done online. Ensure you describe exactly how the injury occurred and list any witnesses. Even if you were only on the job for two days, you must complete this step.
Step 4: Engage in Early and Safe Return to Work (ESRTW)
Both you and your employer have a legal duty to cooperate in your return to work. If your doctor clears you for modified duties (e.g., light lifting, sitting at a desk), your employer must attempt to accommodate you, even if you are on probation.
What Happens if You Are Fired on Probation?
It is true that employers can usually let probationary employees go without cause. However, they cannot fire you because you got hurt or filed a WSIB claim. Protection from reprisals is guaranteed under Section 22.1 of the WSIA and Section 50 of the OHSA, which strictly prohibit employers from penalizing or terminating a worker for exercising their rights. It is important to note that the legal presumption of unlawful dismissal shortly after an injury-found in Section 41(10) of the WSIA-does not apply to probationary employees, as the formal duty to re-employ under Section 41(2) of the WSIA only applies to workers who have been continuously employed for at least one year. Nonetheless, terminating a worker because of a WSIB claim remains an illegal reprisal. If this happens, you may need to consult a local Ontario law firm to file a complaint or a wrongful dismissal claim.
How Much Does it Cost?
Filing a claim and protecting your rights should not put you in debt. The WSIB system is designed to be accessible to all workers in the province. 💰
- Government Filing Fees: $0 CAD. There is no cost to file WSIB forms.
- Loss of Earnings (LOE): If approved, WSIB pays 85% of your net average earnings. For new hires, this is usually calculated based on your starting salary or the wages of a similar worker.
- Lawyer Fees: If you are fired and need to hire a lawyer to appeal a denied claim or fight a reprisal, most operate on a contingency fee (typically 15% to 30% of your settlement).
| Employment Status | Right to File Form 6 | Protection from Reprisal (Firing) |
|---|---|---|
| First Day / Probationary | Yes (Immediate Coverage) | Fully Protected under WSIA |
| Permanent / Post-Probation | Yes | Fully Protected under WSIA |
How Long Does the Process Take?
You must report your injury and file your Form 6 within six months of the accident date. 📅 WSIB typically assigns a claim number within days, and a decision on basic claims usually arrives within 2 to 6 weeks. If your employer disputes the claim by arguing you were a “poor performer” on probation, the investigation could take up to 3 months.
Frequently Asked Questions (FAQ)
Can my probation period be extended because of my injury?
Generally, if you are off work for an extended time due to an injury, the employer may pause your probationary period and resume it once you return to full duties. However, they cannot use the injury itself as an excuse to unfairly string you along or deny you permanent status if you are capable of doing the job.
What if I was injured during a training session before my first official shift?
If the training was mandatory and directed by the employer, you are typically considered to be in the course of employment. Therefore, you are covered by WSIB, even if you were just shadowing someone and had not yet clocked your first standard working hour.
Do I still get Loss of Earnings if they legally terminate my probation?
Yes. If the WSIB determines that your termination was lawful (for example, the entire company shut down or there were documented performance issues prior to the injury), your WSIB benefits do not automatically stop. As long as you remain medically impaired from the workplace injury, you may still be entitled to Loss of Earnings benefits.
Will a WSIB claim show up on a background check for my next job?
No. Your medical history and WSIB claims are highly confidential. Prospective employers cannot legally access your WSIB file during a standard background check, nor are they allowed to ask you if you have ever had a WSIB claim during a job interview in Ontario.
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