Is a sleep disorder an injury?

Employers have an interest in reducing claims
By Chris Foulon
|Canadian Employment Law Today

Workers’ compensation aims to provide compensation to employees who suffer injury from accidents arising out of, and in the course of, employment. Employers have a legitimate interest in attempting to limit claims because premiums increase in correlation with compensation awarded to their employees.

The primary way employers limit such claims is ensuring that the workplace is safe. In addition, employers may sometimes wish to dispute whether an injury can receive compensation under the relevant workers’ compensation legislation.

In the following case the worker sought workers compensation benefits for a claim of “shift-work maladaption syndrome.” The case raises important issues in respect of what constitutes an injury for workers’ compensation purposes and whether such injury can be said to arise out of and in the course of employment.