WSIB, STD, LTD, and Disability Discrimination Claims for Crush Injuries

Crush injuries are not merely minor incidents; they are severe, life-altering traumas that can occur in various workplaces, from construction sites to factories, and even in seemingly less hazardous environments. Understanding what a crush injury entails, how it happens, and what your rights are if you suffer one, is crucial for every worker in Ontario.

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Collaboration between Kenwat75 & Tony Wong

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What is a Crush Injury?

A crush injury occurs when a part of the body is subjected to a high degree of pressure or force. This force can come from:

• Being squeezed between objects: For example, being caught between machinery and a wall, or between two pieces of equipment.

• Being struck by a falling object: Heavy objects, collapsing structures, or materials falling from a height can exert immense force upon impact.

• Being compressed by equipment: Limbs caught in presses, rollers, or other industrial machinery.

• Being pinned under heavy weight: This often occurs in vehicle accidents, trench collapses, or when heavy materials shift.

In high-stakes workplaces, even a split-second mistake can lead to severe harm. If an injury happens, workers should know their rights. They can contact a Chicago crush injury attorney for legal guidance to understand the next steps. Safety awareness is key, as is knowing where to turn for help.

Immediate Dangers and Complications

Crush injuries can cause more than just broken bones. Blood vessels and organs can be damaged when the body is squeezed under heavy force. Internal bleeding may begin before we even realize the full extent of the injury. One of the most serious conditions linked to crush injuries is compartment syndrome, where swelling cuts off blood flow to muscles.

If untreated, this can lead to muscle death or nerve damage. Some injuries can even cause kidney failure or lead to long-term disabilities. The impact might not end at the accident—it can follow us for the rest of our lives.

The consequences of a crush injury can be profound, including:

• Bone fractures: Often multiple or complex, leading to long recovery times.

• Muscle damage: Rhabdomyolysis (breakdown of muscle tissue), which can lead to kidney failure.

• Nerve damage: Causing numbness, weakness, or paralysis.

• Blood vessel damage: Leading to internal bleeding, compartment syndrome (pressure build-up that cuts off blood supply), or even amputation.

• Organ damage: If the torso or head is crushed.

• Permanent disability: Chronic pain, loss of limb function, or the need for amputation.

High-Risk Industries and Prevention Strategies

While crush injuries can happen anywhere, they are particularly prevalent in industries involving heavy machinery, moving parts, and significant loads. Common scenarios include:

• Construction: Trench collapses, being struck by excavators, or pinned by falling building materials.

• Manufacturing: Getting caught in presses, conveyor belts, or robotic arms.

• Warehousing and Logistics: Being struck by forklifts, crushed by unstable racking, or pinned by shifting loads.

• Mining: Rockfalls or equipment-related incidents.

• Agriculture: Accidents involving farm machinery.

Certain jobs come with a much higher risk of crush injuries. Construction and manufacturing are among the most dangerous. According to the Bureau of Labor Statistics in the US, over 60% of all caught-in/between fatalities happen in construction alone. Warehousing and agriculture also see high injury rates due to heavy machinery and materials.

To help lower the risk, workers and employers should focus on

• Using machines and tools correctly

  
  

• Following the lockout/tagout procedure

  
  

• Keeping clear of moving equipment

  
  

• Getting regular safety and hazard awareness training

  
  

• Report broken or unsafe equipment immediately.

Emergency Response and First Aid

When a crush injury happens, every second counts. First, call for emergency help right away. If it's safe, try to stop the object from moving or causing more harm. Keep the injured person still and calm. If trained, provide basic first aid, like stopping visible bleeding.

Never try to remove a heavy object yourself unless you've been trained. Moving it too fast can cause a dangerous rush of toxins into the body. Always wait for medical professionals to handle that part. Acting quickly but carefully can save a life or prevent lasting damage.

Long-Term Effects and Recovery

Crush injuries often leave lasting damage. Many survivors face permanent disabilities like lost mobility, chronic nerve pain, or even amputation. Without proper care, simple tasks can become daily struggles.

Recovery Requires:

• Medical rehabilitation—Physical therapy helps regain strength; occupational therapy adapts to new limitations.

  
  

• Mental health support—Many develop PTSD, anxiety, or depression after traumatic injuries.

  
  

• Work adjustments—Some need lighter duties or workplace modifications to return safely.

  
  

Healing takes time—both physically and emotionally. Prioritizing comprehensive treatment improves the quality of life after severe injuries.

Legal Rights and Workplace Safety Responsibilities

Crush injuries can have long-lasting consequences. Workers facing these injuries need to understand their rights and the resources available to help them recover physically, emotionally, and financially.

Key Protections and Options for Workers:

1. Workplace Safety and Insurance Act (WSIA): 

   
   

   This is your primary source of recourse. If your injury arose out of and in the course of your employment, you are generally entitled to benefits from the Workplace Safety and Insurance Board (WSIB). Workers' Compensation covers medical treatment, hospital stays, surgeries, rehabilitation, and lost wages resulting from crush injuries on the job. A workers' compensation lawyer can help you claim this. These benefits can include:

   
   

   • Loss of Earnings (LOE) benefits: Compensation for lost wages.

   • Medical and rehabilitation benefits: Coverage for treatment, medication, therapy, and assistive devices.

   • Non-Economic Loss (NEL) awards: Compensation for permanent impairment.

   • Retraining and return-to-work support: Assistance in finding new employment if you cannot return to your pre-injury job. The WSIB system is a "no-fault" system, meaning you don't have to prove your employer was negligent to receive benefits. In return, you generally cannot sue your employer for the injury.

   
   

   Relevant Articles of Interest:

   
   

   • Workers' Compensation Claims for Work-Related Car Accident

   • WSIB - Report an injury or illness

   • WSIB - Available Benefits

2. Company Injury Insurance Policies

   
   

   In company injury insurance policies, Short-Term Disability (STD) and Long-Term Disability (LTD) provide income protection for employees unable to work due to illness or injury. STD offers benefits for temporary disabilities, usually for a few months, while LTD provides extended support for more severe and prolonged conditions, often until recovery or retirement. Unlike WSIB, these types of policies cover both workplace related injury or injuries that are NOT work related.

   
   

   Short-Term Disability (STD):

   
   

   • Provide temporary income if a crush injury prevents a worker from returning to their job during the initial recovery period.

   • Provides income replacement for temporary disabilities, such as recovery from surgery or short-term illnesses. 

   • Typically covers a percentage of the employee's salary for a shorter period, often up to 26 weeks. 

   • Benefits can range from 50% to 100% of weekly earnings, with some policies offering higher percentages for the initial period and then reducing over time. 

   • STD benefits start as soon as you become disabled, or as soon as your regular sick days run out. 

     
     

     

     
     

   Long-Term Disability (LTD):

   
   

   • If a crush injury results in permanent or prolonged damage, such as loss of mobility, nerve damage, or amputation—long-term disability can offer vital income support.

   • Offers extended financial support for more severe, long-lasting conditions that prevent an employee from working for an extended period. 

   • Benefits can continue for years, potentially until recovery or retirement, depending on the policy. 

   • LTD benefits are typically a lower percentage of pre-disability earnings than STD, but provide sustained financial support over a longer period. 

   • LTD policies often have a waiting period before benefits are payable. 

   • LTD benefits can be a vital part of a well-thought-out employee benefits plan, providing income replacement and financial stability during prolonged disability. 

   
   

   Relevant Articles of Interest:

   
   

   • Interplay between Long Term Disability, Wrongful Dismissal, Disability Discrimination

   • Disability Discrimination Ultimate Guide

   • The Persistent Myth of the "2-Year" Rule in Disability Cases

3. Occupational Health and Safety Act (OHSA): 

   
   

   OHSA sets out the legal duties of employers, supervisors, and workers to ensure workplace safety. After a serious injury like a crush injury, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) will likely investigate. If the employer or supervisor violated OHSA, they could face charges and significant penalties. While OHSA doesn't provide direct compensation to the injured worker, it serves to hold parties accountable and prevent future incidents.

   
   

   Workers injured by unsafe machinery, poor training, or equipment failure can report these hazards to OSHA without fear of retaliation.

   
   

   Similar protections are available to federally regulated workers in Canada under the Canada Labour Code.

   
   

   In the US, the Occupational Safety and Health Administration (OSHA), a federal regulatory agency in the United States, enforces workplace safety and health standards, aiming to ensure a safe and healthy environment for all workers. 

   
   

   Relevant Article of Interest:

   
   

   • Workplace Safety and Prevention Services - OHSA Ontario & Employers Responsibilities

   • Occupational health and safety in federally regulated workplaces

   • Right to Refuse Unsafe Work: A Guide for Federally Regulated Employers

4. Protections Against Disability Discrimination: 

   
   

   If your crush injury results in a disability, the Ontario Human Rights Code protects you from discrimination in employment. Your employer has a duty to accommodate your disability to the point of undue hardship, ensuring you can return to work safely and effectively, or find suitable alternative employment within the company.

Employers cannot legally fire, demote, or discriminate against an employee due to a disability caused by a crush injury. If you are facing any discrimination, you can file a claim to the Human Rights Tribunal of Ontario (HRTO).

The Human Rights Tribunal of Ontario (HRTO) is a body established under the Ontario Human Rights Code to resolve claims of discrimination and harassment. It hears applications, decides if human rights violations have occurred, and can make orders to remedy those violations.

The HRTO's authority is limited to enforcing the Code, meaning they can't adjudicate claims outside of its jurisdiction:

• Jurisdiction: The HRTO deals with applications alleging discrimination or harassment based on the grounds outlined in the Ontario Human Rights Code. 

  
  

• Role: The HRTO's primary function is to resolve claims of discrimination and harassment through mediation or hearing. 

  
  

• Process:

  
  

  • Mediation: The HRTO will attempt to help both sides reach a settlement agreement. 

  • Hearing: If mediation fails, the HRTO will hold a hearing to determine if discrimination or harassment occurred. 

  
  

• Powers: If the HRTO finds that discrimination or harassment has occurred, it can make orders to address the issue, including:

  
  

  • Monetary compensation: Ordering the respondent to pay financial compensation to the applicant. 

  • Preventative measures: Making orders to prevent further human rights violations. 

  
  

• Remedies: The HRTO can award remedies to both address past discrimination and deter future violations. 

Similar protections are available to federally regulated workers in Canada under the Canadian Human Rights Act and the Canada Labour Code.

Similar protections are available to American under the Americans with Disabilities Act. Under the ADA, American workers who suffer lasting effects from a crush injury may be considered disabled under the ADA and are entitled to reasonable workplace accommodations.

Relevant Articles of Interest:

• HRTO - Applicant's Guide to filing an Application

• HRTO - Rule of Procedure

• HRTO - Application and Hearing Process Step-by-Step Guide

• Disability Discrimination Ultimate Guide

• A Legal Analysis on the Medical Documentation in Disability Cases and the Duty to Accommodate

• Workplace Harassment Ultimate Guide

• Duty to Investigate and the Sufficiency and Disclosurability of Investigation Reports

Critical Steps After a Crush Injury in Ontario:

• Report the Injury Immediately: Notify your employer as soon as possible, ideally in writing. This is a WSIB requirement.

  
  

• Seek Medical Attention: Prioritize your health. Get immediate and thorough medical care. Ensure your doctors document the full extent of your injuries.

  
  

• File a WSIB Claim: File a claim with the WSIB (Form 6) as soon as possible. Your employer also has an obligation to report your injury to the WSIB (Form 7).

  
  

• Cooperate with Treatment and Rehabilitation: Follow your doctors' advice and actively participate in any recommended rehabilitation programs.

  
  

• Keep Detailed Records: Document everything: medical appointments, symptoms, conversations with your employer or WSIB, and any expenses.

  
  

• Seek Legal Advice: Navigating the WSIB system can be complex, especially with severe injuries. Consulting an experienced lawyer specializing in WSIB claims or personal injury law can be invaluable. They can help you understand your rights, ensure proper claim filing, appeal adverse WSIB decisions, and pursue other legal avenues if applicable (e.g., if a third party, not your employer, was at fault).

Relevant Articles of Interest:

• How to File a Workplace Safety and Insurance Board (WSIB) Claim

• WSIB - A Guide for People With Workplace Injuries or Illness

Conclusion

Crush injuries present profound, often permanent, challenges. For the Ontario and US worker facing such a life-altering event, understanding your statutory rights and available supports is not merely advisable—it is a strategic imperative. Proactive reporting, meticulous documentation, and critically, securing timely, specialized legal counsel are your most formidable assets. These steps are essential to navigate the complex issues effectively and safeguard your long-term health, dignity, and future financial stability. Comprehensive legal and financial advocacy can truly transform the path to recovery and ongoing well-being.

Relevant Articles of Interest:

• How to File a Claim in Court: An Ontario Step-by-Step Guide

• Legal Remedies for Workplace Harassment and Discrimination in Ontario

• How Workplace Discrimination Can Worsen Health Conditions: The Link Between Stress and Disease

• Workplace Discrimination and Your Legal Rights

• Duty to Investigate and the Sufficiency and Disclosurability of Investigation Reports

• Workplace Harassment Ultimate Guide

You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights in case of disability discrimination to ensure that your rights are fully protected. By doing so, you can ensure that you receive fair compensation for the actionable discrimination and safeguard your employment rights.

With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment. 

You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and intricacies regarding disability discrimination will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.

Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.

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Author Bio:

Ken Wat has been an avid writer since his school days. This passion for writing combined with his background in law made him the writer he is today. He loves to break down complex legal jargon into something that the average Canadian can easily understand. His work has been published on numerous sites across the internet. Ken hopes to become a distinguished lawyer one day and start his own practice