If you slip and fall in a parking lot owned or controlled by your employer in Ontario, you are generally covered by the Workplace Safety and Insurance Board (WSIB), even if your shift has not started yet. However, if the lot is a public space or owned by a third-party landlord, you may need to pursue a civil lawsuit instead.
During the harsh Ontario winters, slipping on an icy surface is an unfortunately common occurrence. Many workers suffer broken bones, concussions, or severe sprains just trying to walk from their car to the front door of their workplace. 📝
A major point of confusion is whether these types of accidents are considered “workplace injuries” because the employee had not actually clocked in or started their shift. The legal boundary between your personal commute and your employment duties can be incredibly blurry.
This guide will clarify the WSIB’s “Premises” policy, explain the steps you must take immediately after a fall, and help you understand whether you should be filing a compensation claim or speaking with a local personal injury law firm about a civil lawsuit.
Step-by-Step Process in Ontario
Whether you work in a massive industrial park in Brampton, a shared office plaza in London, or a standalone facility in Toronto, the rules regarding employer premises are consistently applied across Ontario. 📍
Taking the correct steps immediately after your fall is crucial, as ice melts and evidence disappears quickly. Your actions in the first 24 hours can dictate the success of your entire claim.
Step 1: Seek Medical Help and Report the Fall
Your health is the priority. If you are severely injured, call an ambulance or have a co-worker drive you to the nearest hospital emergency room. ❗
You must notify your employer about the fall as soon as possible. Ensure they fill out an incident report and, if you are seeking WSIB coverage, submit a Form 7. Tell the treating doctor exactly where you fell so they can note it on your Form 8.
Step 2: Document the Scene of the Accident
Unlike an accident inside a factory, outdoor conditions change rapidly. If you are physically able, use your phone to take clear photos of the ice patch, snow buildup, or pothole that caused your fall.
Collect the names and phone numbers of any co-workers or bystanders who witnessed you slip. This evidence is critical whether you proceed with a WSIB claim or a civil lawsuit against a snow removal company.
Step 3: Determine Who Controls the Parking Lot
The WSIB operates on the “Premises” principle. If your employer owns, leases, or has exclusive control over the maintenance of the parking lot, the WSIB generally considers you to be in the “course of employment” the moment you step onto the property. 💪
However, if you park in a municipal city lot or a shared mall parking lot where your employer has no control over snow clearing, your commute is not considered over, and the WSIB will likely deny your claim.
Step 4: Make Your Election (WSIB vs. Lawsuit)
If you fell in a shared plaza owned by a third-party landlord, or due to the negligence of an independent snow removal contractor, you might have the right to sue them civilly. However, if you decide to pursue a civil lawsuit for a slip and fall on ice or snow on private property, you must act extremely quickly. Under Section 6.1 of Ontario’s Occupiers’ Liability Act (introduced via Bill 118), you are legally required to provide written notice of your claim to the property owner or snow removal contractor within 60 days of the incident. Failing to provide this written notice within the strict 60-day window can completely bar you from bringing a lawsuit.
Under Ontario law, if you are eligible for WSIB but a third party is at fault, you must sign an “Election Form.” You must choose to either claim WSIB benefits (which are faster but limited) OR sue the third party (which takes longer but can result in higher compensation for pain and suffering). Consulting a lawyer before signing this form is highly recommended.
How Much Does it Cost in Ontario?
Understanding the financial implications of a parking lot slip and fall is important. If your claim goes through the WSIB, the costs of your medical recovery are generally covered directly. 💰
Here is a breakdown of what to expect depending on the route you take:
| Expense Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Physiotherapy (WSIB Route) | $0 out of pocket | WSIB (Direct billing via POC) |
| Ambulance Bill | $45 (co-pay in Ontario) | WSIB or Private Insurance |
| Civil Lawsuit Filing Fees | $1,100+ (Includes $243 to file Statement of Claim & $859 to enter Trial Record) | Law Firm (upfront disbursements under O. Reg. 293/92) |
| Lawyer Fees (Civil Lawsuit) | 25% – 33% of settlement | Worker (Contingency fee) |
If you choose to pursue a civil lawsuit against a negligent landlord or snowplow company, almost all Ontario slip and fall lawyers work on a contingency fee basis, meaning you pay $0 upfront for their services.
How Long Does the Process Take?
If you file a standard WSIB claim for a parking lot fall, the adjudicator will usually review your employer’s property control and issue a decision within 2 to 4 weeks. ⏱
If you elect to opt-out of WSIB and pursue a civil lawsuit against a third-party property owner, the timeline is vastly different.
Civil lawsuits for slip and falls in Ontario are complex and often take anywhere from 1.5 to 3 years to reach a settlement or trial, though you may receive a larger payout at the end. Remember that you must serve written notice of the slip and fall within 60 days for private properties, or within 10 days if a municipality is involved, to preserve your right to sue.
Frequently Asked Questions (FAQ)
Does WSIB cover me if I fall on my lunch break?
It depends on where you are. If you stay on your employer’s premises (like the staff parking lot or an on-site cafeteria) during your break, you are generally covered. If you leave the property to go to a nearby restaurant, you are not covered.
Can I sue my employer instead of using WSIB?
No. Under Ontario’s Workplace Safety and Insurance Act, if your employer is covered by the WSIB, you are legally barred from suing them directly for a workplace injury. WSIB is your only recourse against your employer.
What if I was walking to my car after my shift ended?
If the parking lot is controlled by your employer, you are still considered to be in the course of employment for a reasonable amount of time after your shift ends while you are leaving the premises. You would generally be covered by WSIB.
What if the parking lot is owned by the city?
If you park on a municipal street or a city-owned public lot that your employer does not maintain, your commute is not over until you cross the property line of your workplace. WSIB will likely deny the claim, but you may have grounds to sue the city. Crucially, under Section 44(10) of Ontario’s Municipal Act, 2001, you must provide written notice of your accident to the municipality within 10 days of the fall, or your lawsuit against the city may be legally barred.
Do I have a deadline to choose between WSIB and a lawsuit?
Yes. If your fall involves a third party, you typically have 3 months from the date of the accident to submit your Election Form to the WSIB deciding whether to claim benefits or sue. Always consult a law firm before deciding.
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