Workplace Injuries Outside WSIB: When a Lawsuit Is Possible

January 29, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Many injured workers in Ontario believe that the

At Deutschmann de Koning Personal Injury Law, our Ontario personal injury lawyers help injured workers determine whether WSIB applies — and, just as importantly, whether a civil lawsuit is available.

How WSIB Coverage Limits Lawsuits

WSIB operates on a “historic trade-off.” Workers receive benefits without having to prove fault, but in exchange, they generally lose the right to sue their employer or co-workers.

This trade-off only applies when:

• WSIB covers the worker, and

• The employer is required to participate in WSIB

If either condition is not met, a lawsuit may still be possible.

When Workplace Injuries Fall Outside WSIB

Third-Party Negligence

One of the most common exceptions involves third parties. If someone other than your employer or a co-worker caused your injury, you may be entitled to pursue a lawsuit while still receiving WSIB benefits.

Common examples include:

• A worker was injured in a motor vehicle accident while working, caused by another driver (see our related information on motor vehicle accident claims)

• A construction worker was injured due to a negligent subcontractor

• Injuries caused by defective machinery or unsafe equipment

• Slip and fall injuries on property owned or maintained by a third party (learn more about slip and fall liability in Ontario)

In these situations, WSIB may have a right of reimbursement, but a civil lawsuit can still provide meaningful compensation.

Employers or Industries Not Covered by WSIB

Not all employers in Ontario are required to carry WSIB coverage. Certain industries, independent contractors, or self-employed individuals may fall outside the system entirely. When WSIB does not apply, an injured worker may pursue a negligence lawsuit against the employer or another responsible party.

Independent Contractors and Misclassification

Worker misclassification is increasingly common. Some individuals labelled as independent contractors may discover they are not covered by WSIB at all. If WSIB denies coverage, a personal injury lawsuit may be the only available path to compensation.

Why a Lawsuit May Offer Greater Compensation

WSIB benefits are limited. They do not compensate injured workers for:

• Pain and suffering

• Loss of enjoyment of life

• Full future income loss

A personal injury lawsuit may allow compensation for:

• Pain and suffering

• Full income loss and future earning capacity

• Future care costs

• Psychological and emotional injuries

As discussed in other serious injury matters handled by our firm — including catastrophic injury claims — civil lawsuits can more fully address the long-term impact of serious workplace injuries.

Common Workplace Injuries Leading to Lawsuits

Workplace injury lawsuits outside WSIB often involve:

• Falls from heights

• Equipment or machinery failures

• Work-related motor vehicle accidents

• Unsafe premises or poor maintenance

• Serious orthopedic or psychological injuries

These injuries can have lasting effects on employment, independence, and quality of life.

Limitation Periods Matter

Most workplace injury lawsuits in Ontario are subject to a two-year limitation period. WSIB claims, however, have much shorter reporting deadlines. Missing either deadline can significantly affect your rights.

Get Legal Advice Early

Determining whether WSIB applies — and whether a lawsuit is possible — is rarely straightforward. Decisions made early in a claim can be permanent.

At Deutschmann de Koning Personal Injury Law, we carefully assess workplace injury cases to identify all available legal options and pursue the path that best protects our clients’ long-term interests.

If you were injured at work and are unsure whether WSIB is your only option, speaking with an experienced Ontario personal injury lawyer can provide clarity and peace of mind.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.