Worker takes a fall outside workplace, files claim for injuries

Worker was unable to work following injuries; fell on way into building where she worked
|Canadian Employment Law Today|Last Updated: 10/01/2014

This instalment of You Make the Call features a worker who injured herself on the way to work.

The 64-year-old worker was a cleaner for a company that occupied upper floors in a building in downtown Toronto. On Oct. 20, 2009, she was walking on the sidewalk towards the building after exiting a subway station. Near the stairs of the building, the worker had to move to avoid a man in a wheelchair. She fell and, according to the worker, landed on the sidewalk and injured her right knee and right shoulder on the cement.

The worker tried starting work but one hour later, she couldn’t continue because of the pain. She advised her supervisor of the accident and told the supervisor and a union representative of her fall on the sidewalk. The supervisor completed a report of injury for the Ontario Workplace Safety and Insurance Board (WSIB) and the worker went home to see her doctor.