Arbitrator May Not Award Damages For Workplace Injury Where Worker Entitled To WSIB Benefits


An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided.

The employee, a track worker with the Toronto Transit Commission, was injured while removing old pieces of “running rail” and replacing them with new ones at the “Wilson Station cross-over”.  He applied for and received benefits from the Workplace Safety and Insurance Board.  He later returned to work in an accommodated position.

The arbitrator held that it was clear that the TTC breached its obligations under the Occupational Health and Safety Act in a number of ways.  The union argued that the employer’s breach of the Occupational Health and Safety Act was also a violation of the “management rights” clause of the collective agreement, entitling the employee to damages for the breach and the injury.

However, the arbitrator stated, section 26(2) of the Workplace Safety and Insurance Act precluded an award of damages in respect of the injury, because entitlement to WSIB benefits was in lieu of all other “rights of action” that the employee had against the employer by reason of the accident.  In effect, the employee was entitled to the WSIB benefits only, not to any other damages from the employer.

Amalgamated Transit Union, LOCAL 113 v Toronto Transit Commission, 2012 CanLII 97799 (ON LA)

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dentons | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.