Achilles' heel in the protection for WSIB Schedule 1 employers
The Workplace Safety and Insurance Act contains what is essentially a grand compromise between employers and employees, creating insurance for injured employees in exchange for protection from lawsuits for employers. Every employer who qualifies (“Schedule 1 Employers”) is required by law to pay into the compensation fund, in exchange they are protected from liability for any accident that might occur during work to any Schedule 1 Employer’s employees.
However, a little-known exception to this rule exists, which is often overlooked. This exception, combined with common business arrangements of leasing vehicles, could lead to possible liability for a Schedule 1 employer in the exact scenarios the grand compromise was designed to address.
In this white paper, legal experts from Crawford's Legal Services team examine and address this issue.