Health and Safety Legislation in Canada - Injury Reporting
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- What are the reporting requirements when an injury or serious incident occurs?
- What do I do in the event of a serious incident or workplace fatality?
- How can an employer provide support after a serious incident or critical event?
- What are the different types of injuries?
- Are there additional responsibilities for returning a worker to work after an injury or illness?
What are the reporting requirements when an injury or serious incident occurs?
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The employer will likely need to report an injury or illness to the workers' compensation board for their jurisdiction when:
- a worker experiences a work-related injury or illness that requires medical attention
- the injury leads to one or more missed work shifts
- the worker requires modified duties
There are additional reporting requirements for serious incidents, injuries, and fatalities across Canada. These events must be reported to the government department responsible for health and safety. The regulations will include requirements for investigations.
Below, we have summarized the definitions of serious injuries and incidents as well as workers’ compensation reporting requirements for each jurisdiction.
Always verify the legislation to ensure all events are properly reported to the appropriate agency.
For the number to call in the event of such incidents, please see our OSH Answers document Canadian Government Departments Responsible for Health and Safety. For clarification or more information, please contact the workers' compensation board directly.
Note: The text in the columns of the table below is taken from the applicable legislation and jurisdiction’s website. As information and laws may change from time to time, always consult with that jurisdiction for more information. A link has been provided to the Workers’ Compensation Board’s reporting requirements for each jurisdiction within the table.
Jurisdiction | Serious Injury, Illness, or Incident Definition | Injury Reporting to Workers’ Compensation Board Requirements |
---|---|---|
Federal (Canada) | Canada Occupational Health and Safety Regulations, Section 15.5 Within 24 hours, an employer must report to the Head of Compliance and Enforcement by telephone or fax the date, time, location and nature of any incident, occupational disease or other hazardous occurrence that results in:
| The Government of Canada uses provincial workers' compensation agencies to provide services for federal employees under the Government Employees Compensation Act (GECA). Federal employers work with the Federal Workers Compensation Service (FWCS) and provincial workers’ compensation boards to:
Refer to the provincial or territorial workers’ compensation board for reporting requirements. Click on the link for more information. |
Alberta | Occupational Health and Safety Act, Section 33(2) As soon as possible, an employer must report to a Director the time, place and nature of injury, illness and incident that results in:
| Workers’ Compensation Board Within 72 hours (3 days) of an injury or illness, the employer must submit an employer report of injury form. An employer must submit a report to the workers’ compensation board if the incident results in, or is likely to result in:
Click on the link for more information. |
British Columbia | Workers Compensation Act, Part 2 Division 10, Section 68 The employer must notify the Board immediately of any occurrence that:
| WorkSafeBC As soon as possible after an injury or illness, the employer must contact WorkSafeBC and submit a claim if a worker:
Click on the link for more information. |
Manitoba | Workplace Safety and Health Regulations, Section 2.6 to 2.7 An employer must immediately notify the branch of the incident and provide the name and address of each person involved (including witnesses), the name and address of the employer, the date, time and location of the incident, and the apparent cause of the incident.
A serious incident means an incident:
| Workers Compensation Board Within 5 business days, an employer must submit an incident report. It must include an employer report as well as information from the worker and the worker’s healthcare provider. Click on the link for more information. |
New Brunswick | Occupational Health and Safety Act, Section 43(1) The employer must notify the Commission immediately if a worker suffers an injury resulting in:
Or, if there is:
| WorkSafe NB Within 3 days, an employer must file an employer report of injury or illness. This report must be filed whether the employer supports the worker’s claim or not. Click on the link for more information. |
Newfoundland and Labrador | Occupational Health and Safety Regulations, 2012, Section 10 Within 3 days, an employer must provide written notice to the minister whenever there is a serious incident regarding the nature of the incident, the time and place of the incident, the name and address of the injured worker, and the name and address of the treating physician. Note that in the event of a fatality, the employer must report to the minister immediately by telephone. A serious injury is one that:
| Workplace NL Within 3 days, an employer must file an employer report of injury or illness that happens at work and requires medical treatment or may require time away from work. The worker and healthcare professional must also submit the necessary forms. Click on the link for more information. |
Northwest Territories and Nunavut | Occupational Health and Safety Regulations, Sections 8 to 9 As soon as possible, an employer must give notice to the Chief Safety Officer of an incident causing serious bodily injury or a dangerous occurrence. The notice must include the name of each injured or deceased individual, the name of the employer, the date, time and location of the incident, the circumstances of the incident, the apparent injuries, and the contact information for the employer. An accident causing serious bodily injury means an incident that:
A dangerous occurrence means one that did not result in, but could have resulted in serious bodily injury, such as:
| Workers’ Safety and Compensation Commission An employer must submit an Employer’s Report of Incident to the WSCC after providing first aid and transporting them to the closest medical centre. This fully completed form must be completed within 3 business days. Click on the link for more information. |
Nova Scotia | Occupational Health and Safety Act, Section 63 As soon as possible within 24 hours, an employer must notify the Director of a fire, flood, or incident at the workplace that causes:
of an employee, unless the injury can be treated by immediate first aid or medical treatment and the person can return to work the following day. Or after:
at the workplace, whether any person is injured or not. The employer must notify the Director immediately when a person is killed from any cause, or is injured from any cause in a manner likely to prove fatal, at the workplace. | Workers’ Compensation Board Within 5 business days, an employer must report the injury to WCB if a worker received medical aid or lost time from work. Click on the link for more information. |
Ontario | Occupational Health and Safety Act, Section 51. The employer must immediately notify an inspector by telephone and within 48 hours send the Director a written report of the circumstances of any death or critical injury at a workplace. A critical injury is defined in O. Reg. 834 as an injury of a serious nature that:
Within 4 days, an employer must give written notice to the Director of an accident, explosion, fire or incident of workplace violence where no one dies or is critically injured. There are additional requirements to report if an accident, premature or unexpected explosion, fire, flood or inrush of water, failure of any question, machine, device, article or thing, cave-in, subsidence, rockburst, or other incident that occurs at a project site, mine, mining plant, or other prescribed location. | Workplace Safety and Insurance Board (WSIB) Within 3 days, an employer must report a workplace injury that:
Click on the link for more information. |
Prince Edward Island | Occupational Health and Safety Act, Section 36 to 37 The employer must send written notice to the Direction within 24 hours of an incident which results in:
The employer must also report an accidental explosion, whether or not a person has been injured. | Workers Compensation Board Within 3 days, an employer must file a report of the injury or illness. A workplace injury or illness is considered to be one that:
Click on the link for more information. |
Quebec | Act Respecting Occupational Health and Safety, Section 62 Within 24 hours, the employer must make a written report to the Commission of an incident that has caused:
| CNESST An employer must record the incident and first aid into the Register of accidents, incidents, and first aid. If the worker is away from work for 14 days or less, you must provide them with 90% of their salary that they would have normally received if not injured. More than 14 days, the CNESST will replace lost wages. The worker will also be required to submit a worker’s claim. Click on the link for more information. |
Saskatchewan | Occupational Health and Safety Regulations, 2020, Section 2-2 to 2-3 An employer must notify the ministry as soon as possible after an incident that causes serious bodily injury or a dangerous occurrence. The notice must include the name of each injured or deceased worker, the name of the employer, the date, time and location of the incident, the circumstances related to the incident, the apparent injuries, and the contact information for the employer.
An incident that causes seriously bodily injury includes an incident that:
A dangerous occurrence means any incident that does not result in, but could have causes serious bodily injury and includes:
| Workers’ Compensation Board Within 5 days, an employer must submit an Employer’s Initial Report of Injury (E1) form. The worker must also submit a Worker’s Initial Report of Injury (W1) form. Click on the link for more information. |
Yukon | Worker’s Safety and Compensation Act, section 57 The employer must immediately report the time, date, place and nature of the incident, injury or death to the board. The incidents and injuries that must be reported include:
| Workers’ Compensation Health and Safety Board Within 3 working days, an employer must submit an Employer’s Report of Injury/Illness if a worker misses more than a day of work due to an injury. The worker and doctor must also submit a report of injury. If first aid was provided and there is no lost time beyond the day of the injury, no form needs to be completed. Click on the link for more information. |
What do I do in the event of a serious incident or workplace fatality?
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If there is a serious incident or fatality at the workplace, you cannot disturb the immediate area where the injury or incident occurred. This requirement means that you would secure the scene so that no one can alter, move or remove equipment, documentation, or other information related to the event.
There is an exception to this rule – you can enter the scene:
- If the government agency or police gives you permission to do so.
- To provide first aid or to prevent further injuries or death.
- To protect property endangered by the incident.
As soon as they are aware of the incident, the employer would call the 24-hour phone line of the government agency having authority. In the event of a fatality, emergency services would also be called which would include the police.
The police will likely conduct a preliminary investigation and determine if the death was accidental. Once it is determined that it is a workplace fatality, the government agency will conduct an investigation. This investigation will include interviewing witnesses, gathering information, reviewing work procedures, and more. The employer must assist with the investigation and cannot threaten or reprimand workers for providing witness statements.
The employer may be able to conduct their own investigation at the same time, as long as they have coordinated these efforts with the authority having jurisdiction.
There may be additional requirements depending on the industry and jurisdiction. It is a good practice to create a document or procedure which includes:
- The definitions of a critical or serious incident, injury, and workplace fatality.
- The 24-hour number to call in the event of a serious incident, injury, or fatality.
- The process to secure the scene to prevent it from being disturbed before emergency services and the government agency arrives.
- The forms to be completed to inform the government agency within a certain timeframe and the follow-up report that is required after the investigation.
How can an employer provide support after a serious incident or critical event?
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Incidents, injuries, and near-misses can increase stress and anxiety among workers, whether they are directly involved or not. It is important to check in with workers and make sure they are able to continue to work safely.
Providing resources and additional support can assist throughout this time. Consider offering counselling after a traumatic event or referring workers to a professional. Workplaces may also offer an Employee Assistance Program (EAP) or provide information for the crisis support line in the community.
The CSA Standard Z1003-13 (R2022), Psychological health and safety in the workplace, describes a critical event as one that has an impact at the individual level and the organizational level. These events can overwhelm the usual effective coping skills of an individual or group or may interrupt the normal flow of activities of the organization in a way that impacts psychological health and safety.
It is important to acknowledge and address the psychological impact of serious incidents and fatalities.
For more information, please see our OSH Answers: Mental Health - How to Address and Support.
What are the different types of injuries?
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Injuries are often classified as first aid, medical aid, modified work, and lost-time injuries for reporting purposes.
The following terms are commonly used to define incidents. Always verify with your local workers’ compensation board or industry association for definitions and good practices for your workplace.
- First Aid Injury: All injuries requiring first aid treatment. Worker returns to work after the incident.
- Medical Aid Injury: Injuries that require additional medical treatment from a health care provider or specialist. The worker returns for their next regularly scheduled shift. May also include modified work duties.
- Modified Work Injury: Injuries that require a workplace accommodation or modification of work duties so that a worker can stay at work, avoiding a lost-time injury.
- Lost Time Injury: Injuries that require additional medical treatment from a health care provider or specialist and require additional time off work. The worker does not return for their next regularly scheduled shift.
- Recordable Injury: All medical aid, modified work, and lost time injuries.
Recordable injuries are those that must be reported to the workers’ compensation board.
Are there additional responsibilities for returning a worker to work after an injury or illness?
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Yes. An employer must make efforts for an early and safe return to work. For more information, please see our OSH Answers:
- Return to Work – Program Overview
- Return to Work – Accommodation
- Return to Work – Job Demands Analysis
- Return to Work – Functional Abilities Evaluation
- Mental Health – Return to Work
- Fact sheet last revised: 2024-02-23