Working at heights is one of the most common causes of injury in Canada, and it is one of the reasons Ontario’s Occupational Health and Safety Act (OHSA) began requiring all construction workers to take a “Working at Heights” course in 2015. Workers might suffer fractures, spinal injuries, traumatic brain injuries, shoulder injuries, psychological trauma, permanent impairment, or even death. Even a fall from a height that seems modest can change a worker’s life in an instant.
Prevention matters, and workers who are hurt should understand their rights. Fall protection is not only a safety topic. After an accident, it can become part of the WSIB claim, the medical record, the return-to-work process, and any dispute about whether benefits should be paid. If you have been hurt at work, our Toronto WSIB and work injury lawyers can help. Contact us today for a free consultation.
Why Fall Protection Matters on Ontario Job Sites
Oftentimes, when people think of fall protection, they think of extremely high heights. It’s obvious at 100 feet that you should probably take precautions to protect yourself; however, at lower heights, people often do not realize they should also be taking precautions. Fall protection is actually recommended for heights as low as four feet off the ground in general industries, five feet for maritime work, and six feet for construction work.
It is the responsibility of your employer to ensure that all workers are adequately prepared and informed for any work at heights.
Common Fall Protection Failures
Common problems include:
- Missing guardrails
- Uncovered floor openings
- Unsafe ladders
- Damaged harnesses
- Inadequate anchor points
- Expired or missing working at heights training
- Poor rescue planning
- Weak supervision
- Pressure to work quickly without proper controls
- And more
In a WSIB file, these facts can matter because they help explain how the accident occurred, what injuries followed, and why the worker may need treatment, time off, or restrictions.
Ontario Working At Heights Training Requirements
The Ontario government’s current training for working at heights guidance states that workers on construction projects who use fall protection devices must take a working at heights training program. The program must be approved by the Ministry of Labour, Immigration, Training and Skills Development’s Chief Prevention Officer, delivered by an approved training provider, and completed before the worker uses fall protection.
The same Ontario guidance explains that approved working at heights training is valid for three years. After that, workers need to successfully complete refresher training to keep their training valid for another three years. Employers are responsible for making sure workers have valid training and are trained on the fall protection equipment they use on the construction project.
Who Needs Working At Heights Training?
Under the OHSA working at heights framework, workers on construction projects generally need approved training when they are required to use systems such as travel restraint, fall restricting, fall arrest, safety nets, work belts, or safety belts. This training requirement is separate from site-specific and equipment-specific training, which means a worker may need both the approved course and practical instruction for the equipment used on that specific job.
How Fall Protection Violations Can Affect A WSIB Claim
A WSIB claim is not automatically decided by whether the employer broke a safety rule. The central question is usually whether the injury arose out of and in the course of employment and what benefits flow from that injury. However, fall protection evidence can still be very important. It may help show the mechanism of injury, the force of the fall, the hazards present, the seriousness of the incident, and whether later symptoms are consistent with what happened.
For example, a worker who falls because a harness was not connected may need to explain the accident clearly in the Form 6, medical records, witness statements, and any later appeal materials. If the employer’s report differs from the worker’s account, the details become even more important.
Potential WSIB Benefits After A Workplace Fall
Depending on the facts and the WSIB’s decision, injured workers may be eligible for a variety of benefits after a fall, including:
- Health care benefits
- Loss-of-earnings benefits
- Non-economic loss benefits for permanent impairment
- Return-to-work assistance
- Work transition services
- And other supports.
Our blog post about how WSIB claims work in Ontario explains that benefits can depend on the accepted injury, medical restrictions, ability to return to work, and whether the WSIB accepts the claimed ongoing problems.
What Workers Should Do After A Fall on the Job
After a fall, your first priority should always be seeking medical attention. A worker should report the incident to a supervisor as soon as possible, seek appropriate care, describe all symptoms to the treating provider, and make sure the mechanism of injury is recorded accurately. Workers should also keep copies of WSIB forms, medical notes, imaging reports, therapy records, modified duties offers, and communications with the employer and WSIB.
It can also help to write down what happened while the details are fresh in your mind. Note down the date, time, location, height, equipment used, weather or surface conditions, witnesses, safety equipment, training history, and what was said after the incident. If safe and appropriate, photographs of and videos of the accident scene may become useful evidence.
Medical Evidence And Gradual Symptoms
Some injuries are obvious immediately. Others worsen over days or weeks. Neck pain, concussion symptoms, shoulder instability, back pain, numbness, headaches, sleep disruption, or anxiety after a fall should be reported to a health care provider and to the WSIB. Gaps in treatment or incomplete symptom reporting can make a claim harder to prove later.
Speak With A Toronto WSIB Lawyer After A Workplace Fall
If you were injured in a fall at work in Toronto or anywhere in Ontario, Goodman Elbassiouni LLP can review your situation, explain the WSIB process, and help you understand your options. Our team handles workplace injury claims, medical disputes, return-to-work conflicts, and appeals.
To discuss a workplace fall, fall protection violation, or denied WSIB claim, call 905-265-1005 or book a free consultation with Goodman Elbassiouni LLP.