April 3, 2025
The shift to remote work has transformed the employment landscape in Ontario, bringing new legal considerations for both employers and employees. One key question that has emerged is whether Ontario employers can be held liable for workplace injuries sustained by employees working from home. The answer, as with many legal issues, depends on the circumstances and the applicable laws.
Workers’ Compensation and Remote Work
Ontario’s Workplace Safety and Insurance Act (WSIA) governs workers’ compensation claims for workplace injuries. The Workplace Safety and Insurance Board (WSIB) provides coverage for employees injured in the course of their employment, regardless of location. This means that if an employee is injured while performing work-related duties at home, they may be eligible for WSIB benefits, provided they can demonstrate that the injury arose out of and in the course of their employment.
Key considerations for determining WSIB coverage include:
- The nature of the injury – Was the injury directly related to work activities?
- The time and place of the incident – Did the injury occur during designated work hours and in a workspace set up for employment purposes?
- Employer control – To what extent does the employer regulate or influence the employee’s work environment?
For example, if an employee trips over a power cord while attending a work-related video conference, this may be considered a compensable injury. However, if an injury occurs due to a personal activity, such as slipping in the kitchen while making coffee, it may not be covered.
Health and Safety Obligations for Employers
Under Ontario’s Occupational Health and Safety Act (OHSA), employers have a duty to take every reasonable precaution to ensure a safe working environment. This obligation extends to remote workers, though enforcement can be more challenging. Employers should consider the following measures:
- Providing health and safety guidelines – Employees should receive clear policies on ergonomic best practices, safe workstation setup, and general workplace safety.
- Conducting virtual risk assessments – Employers can require employees to complete self-assessments or provide photos of their home office setup.
- Providing necessary equipment – Supplying proper chairs, monitors, and other ergonomic tools can help mitigate risks associated with long hours of remote work.
- Maintaining communication – Regular check-ins can help identify potential safety issues and ensure employees are following best practices.
While OHSA does not require employers to inspect home offices, they should take reasonable steps to minimize hazards and educate employees on maintaining a safe work environment.
Liability Considerations and Employer Protections
Beyond WSIB claims, employers may also face potential liability under common law for negligence if they fail to take reasonable steps to protect remote employees. To mitigate risks, employers should:
- Implement clear remote work policies outlining expectations for workplace safety and reporting injuries.
- Ensure that employees understand their rights and responsibilities when working remotely.
- Encourage employees to report safety concerns promptly.
- Document all efforts made to support safe remote work practices.
The Future of Remote Work and Legal Compliance
As remote work becomes more permanent for many businesses, Ontario lawmakers and regulators may introduce new policies to address emerging concerns. Employers should stay informed about legislative updates and proactively adapt workplace policies to comply with evolving legal requirements.
While remote work presents unique legal challenges, Ontario employers can reduce liability risks by maintaining strong safety policies, clear communication, and a proactive approach to employee well-being. Both employers and employees share responsibility in ensuring that the home office is a safe and productive work environment.
What Weilers LLP can do to help you
At Weilers LLP, we pioneered providing employment law advice in Northwestern Ontario, over 75 years ago. Now based in Thunder Bay and serving the region, we are your regional source for advice, whether you are an employer or employee. Part of our service is helping employers draft policies to conform to law.
Where disputes arise, we may represent either employers or non-unionized employees. Unionized employees should consult their union representatives.
If you need advice or representation, please give us a call and see if we are the right lawyers for you.