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What happens if a contractor gets injured on my property without WSIB?

Question

What happens if a contractor gets injured on my property without WSIB?

Answer from Construction Brain

If a contractor gets injured on your Ottawa property without WSIB coverage, you could be personally liable for their medical costs, lost wages, and potentially face significant legal and financial consequences.

This is one of the most serious risks Ottawa homeowners face when hiring contractors, and it's why verifying WSIB coverage should be your first step before any work begins.

Your Legal Exposure Without WSIB

Under Ontario law, if an uninsured contractor or their worker gets injured on your property, you become their de facto employer for insurance purposes. This means you're responsible for:

  • All medical expenses and rehabilitation costs
  • Lost wage compensation (typically 85% of their gross earnings)
  • Permanent disability benefits if applicable
  • Legal fees if they sue for additional damages
  • Potential fines from the Ministry of Labour
Even a seemingly minor injury like a slip and fall can result in tens of thousands in costs. A serious injury requiring surgery or long-term care could financially devastate a homeowner.

How WSIB Protects Ottawa Homeowners

When you hire a contractor with valid WSIB coverage, the Workplace Safety and Insurance Board becomes the exclusive remedy for workplace injuries. This means:

  • WSIB covers all injury costs, not you
  • The injured worker cannot sue you personally
  • You're protected from most liability claims
  • The contractor's WSIB premiums reflect their safety record

Verifying WSIB Coverage in Ottawa

Before any contractor starts work on your Ottawa property:

  • Request a WSIB Clearance Certificate - This shows they're in good standing with current premiums paid

  • Verify the certificate online at wsib.ca/clearances using the contractor's business number

  • Check the coverage dates - ensure they extend through your project timeline

  • Confirm it covers the specific work being performed
  • The WSIB clearance certificate should show "Account in Good Standing" and include the contractor's legal business name, not just their trade name.

    Red Flags to Watch For

    Be extremely cautious if a contractor:

    • Claims they don't need WSIB because they're "independent"

    • Says homeowner's insurance will cover injuries

    • Offers to reduce the price if you "don't worry about WSIB"

    • Provides an expired or suspicious-looking certificate

    • Works alone and claims exemption (most contractors still need coverage)


    Ottawa-Specific Considerations

    In Ottawa's competitive contracting market, some contractors operate without proper coverage to offer lower prices. Don't be tempted - the savings aren't worth the risk. The City of Ottawa Building Code Services (613-580-2424) requires WSIB coverage for most permitted work, and you should demand it for all projects.

    Additional Protection Steps

    Beyond WSIB verification:

    • Ensure the contractor carries general liability insurance ($2 million minimum)

    • Check that your homeowner's insurance policy includes coverage for contractor activities

    • Never pay the full amount upfront - Ontario's Construction Lien Act allows you to hold back 10% for 60 days as additional protection


    If an Injury Occurs

    If a contractor gets injured on your property and lacks WSIB coverage:

  • Provide immediate medical assistance

  • Document the incident thoroughly

  • Contact your insurance company immediately

  • Consult with a lawyer experienced in construction law

  • Report the incident to the Ministry of Labour if required
  • The bottom line: hiring an uninsured contractor in Ottawa isn't just risky - it's potentially financially catastrophic. Always verify WSIB coverage before work begins, and never let anyone start without proper documentation.

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