Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Construction-accident law in York - the Regional Municipality of York in Ontario - sits at the intersection of workplace safety law, administrative benefits and civil negligence claims. Most workplace injury claims fall within the provincial workers' compensation system administered by the Workplace Safety and Insurance Board - WSIB - which provides no-fault benefits for medical care, wage loss and rehabilitation. Separate legal frameworks govern employer and supervisor duties under the Occupational Health and Safety Act - OHSA - and the detailed Construction Projects Regulation. In many cases injured workers or third parties may also pursue civil lawsuits against negligent parties such as contractors, subcontractors, equipment manufacturers or property owners. Criminal or regulatory prosecutions can arise for serious breaches that cause critical injury or death.
Construction accidents often raise complex legal issues. You may need a lawyer if any of the following apply:
- You suffered a serious or permanent injury, disability or loss of life.
- Your WSIB claim was denied, reduced or you disagree with the benefits offered.
- More than one employer, subcontractor or third party may be at fault and you want to pursue a civil claim for pain and suffering, loss of future earnings or other damages.
- Liability is disputed and evidence must be preserved and developed - for example accident reports, site plans, equipment maintenance records and witness statements.
- The accident resulted in a fatality and family members need assistance with survivor benefits or a wrongful-death claim.
- There are potential criminal or regulatory charges and you need representation during investigations or prosecutions.
- You face employer reprisals for reporting a workplace injury or exercising OHSA rights.
- You need help navigating deadlines, appeals and tribunal procedures such as WSIB internal reviews and appeals to the Workplace Safety and Insurance Appeals Tribunal.
Key legal elements that are especially relevant in York include the following:
- Occupational Health and Safety Act - OHSA: Establishes duties for owners, employers, supervisors and workers. The Act requires employers to take every reasonable precaution to protect workers and sets out reporting, training and equipment obligations. The Act also provides protection against reprisals for exercising health and safety rights.
- Construction Projects Regulation (Ontario Regulation 213/91): Contains specific rules for construction workplaces including fall protection, scaffolding, formwork, hoisting, structural steel work and excavation safety. These rules are commonly cited when investigating construction accidents.
- Workplace Safety and Insurance Board - WSIB: Ontario's no-fault insurance system provides entitlement to medical care, wage-loss benefits, permanent impairment awards and return-to-work services. WSIB coverage is separate from civil lawsuits; however, WSIB benefits do not replace the right to sue non-employers or third parties in many circumstances.
- Limitations Act, 2002: Generally sets the standard two-year limitation period for bringing civil claims from the date a plaintiff discovers the injury or should have discovered it. Specific exceptions and shorter timelines may apply in certain circumstances, so prompt action is important.
- Reporting and investigative rules: Employers must report critical injuries and fatalities to the Ministry of Labour, Training and Skills Development and the Ministry investigates serious incidents. Evidence preservation and early cooperation with investigations can be key to outcomes.
- Criminal and provincial offences: Serious breaches that cause death or grievous harm can lead to provincial offence charges under OHSA and in extreme cases criminal charges such as criminal negligence causing bodily harm or death under the Criminal Code.
Seek medical attention right away for any injury. Report the incident to your employer or site supervisor as soon as possible and ensure an accident report is created. Preserve evidence - take photos, record witness names and keep any damaged equipment or clothing. Notify WSIB promptly and keep copies of medical records and communications. If criminal activity or very serious injury occurred, call police and follow instructions from investigators.
WSIB is a no-fault system that provides benefits to most workers, but it does not always bar civil claims. You generally cannot sue your direct employer for workplace negligence if you accepted WSIB benefits, but you may be able to pursue third-party claims against subcontractors, equipment manufacturers, property owners or other negligent parties. A lawyer can assess whether a third-party claim is available in your case.
Under the Limitations Act, you generally have two years from the date you knew or reasonably ought to have known about the injury and its connection to the accident to start a civil lawsuit. There are exceptions and some claims have different timelines, so do not delay in getting legal advice to protect your rights.
A civil claim can seek damages for pain and suffering, loss of income and loss of future earning capacity, out-of-pocket expenses, loss of housekeeping or caregiving services, and in some cases future care costs and special damages such as rehabilitation or home alterations. Punitive damages are rare and reserved for egregious misconduct. WSIB benefits typically cover wage loss and medical costs but may not fully compensate for non-economic damages like pain and suffering.
If WSIB denies or reduces entitlement you have administrative options - request a review or reconsideration and, if necessary, appeal to the Workplace Safety and Insurance Appeals Tribunal - WSIAT. There are strict time limits for these steps, and a lawyer experienced in WSIB matters can help prepare the appeal and gather medical and workplace evidence to support your case.
Many personal-injury and construction-accident lawyers in Ontario work on a contingency fee basis, meaning they are paid a percentage of any settlement or judgment rather than up front. Contingency arrangements must be set out in a written retainer agreement that explains fees, disbursements and client responsibilities. Ask about how disbursements and unsuccessful claim scenarios are handled before you sign.
Employer statements are one part of the evidence. Determining fault in construction accidents often requires technical investigation - reviewing site safety plans, equipment maintenance records, training records and witness statements. Do not rely solely on employer comments. Collect evidence, document your account, and consider legal help to conduct a thorough investigation.
The OHSA prohibits reprisals for reporting health and safety concerns or making a complaint. Unlawful dismissal or disciplinary action for these reasons may give rise to claims under employment law and OHSA. If you face retaliation, document the events and seek legal advice promptly, as timelines for complaints and remedies can be short.
Family members should report the death to the employer and authorities, seek legal and medical guidance, and inquire about WSIB survivor benefits. There may be civil claims for wrongful death, dependency claims for lost financial support, and criminal or regulatory investigations. A lawyer can help navigate benefits, memorialize evidence, and represent the family in interactions with investigators and insurers.
Look for lawyers with specific experience in construction-accident law, familiarity with WSIB and WSIAT processes, trial experience for civil claims and a record of handling complex investigations. Ask about fee structures, likely timelines, case strategy, and whether the lawyer works with technical experts such as engineers or occupational-health specialists. Request a written retainer and make sure you understand all costs.
Useful organizations and government bodies to consult in York and Ontario include:
- Workplace Safety and Insurance Board - WSIB
- Workplace Safety and Insurance Appeals Tribunal - WSIAT
- Ministry of Labour, Training and Skills Development
- Infrastructure Health and Safety Association - IHSA
- Occupational Health Clinics for Ontario Workers - OHCOW
- Ontario Ministry of the Attorney General - court services
- Law Society of Ontario - lawyer referral and information
- Legal Aid Ontario - for eligibility information on legal aid services
- Local police and coroner services for serious injuries and fatalities
If you or a loved one has been injured in a construction accident in York, consider the following practical next steps:
- Get medical care immediately and follow medical advice carefully.
- Report the accident to your employer and make sure an official accident report is filed.
- Preserve evidence - photographs, clothing, damaged tools, and site documents - and record witness contact details.
- Register a WSIB claim promptly and keep copies of all communications and medical documentation.
- Document everything - dates, times, conversations and symptoms. Keep a daily journal of how the injury affects you.
- Contact a lawyer experienced in construction-accident matters for an initial consultation to review your legal options, time limits and possible third-party claims.
- If you face criminal or regulatory investigations, inform your lawyer before making detailed statements, and cooperate with authorities through legal counsel.
- Ask potential lawyers about fee arrangements, retainer terms and whether they will engage technical experts for investigations.
Acting promptly helps protect legal rights, preserves critical evidence and improves the chance of obtaining fair compensation or benefits. A qualified lawyer can guide you through WSIB processes, appeals and civil claims and help you focus on recovery while they handle the legal work.
