Injured at work. no wsib. employer won't allow return to work.

I&#039;m in Ontario.<br /><br />I&#039;m a manager/hairstylist in a hair salon.<br /><br />Six weeks ago I slipped and fell at work.&nbsp; Ambulance took me to the hospital.&nbsp; Patella was dislocated and I have damage to the ligaments and tendons.<br /><br />Hairstylists are one of the few occupations where employers do not need to have WSIB.&nbsp; <br /><br />I have gone for&nbsp; physio treatments and paid out of my own pocket.&nbsp; The only thing I can claim is sick benefits through EI.&nbsp; I have received one weeks pay from them.<br /><br />Long story short - I talked to my Dr. about not having any money coming in at all other than that one week of EI.&nbsp; She said I can return to work doing light duties and only if I am able to sit all day.&nbsp; I can&#039;t stand or walk on my own yet.&nbsp; But the Dr. said doing my managerial duties while sitting would be okay.<br /><br />My employer refuses to allow me to return to work until I am 100% able to stand, walk and cut hair.&nbsp; That could, and is expected to take months!&nbsp; My EI sick benefits will run out way before then.&nbsp; Not that it matters, I&#039;ll receive a lousy $287 a week from them.<br /><br />What I want to know is whether my employer can be made to take me back to work now since I have a Dr.&#039;s note saying so.<br /><br />Also, they are being real jerks about the situation, will not pay for treatments, have done nothing for me, and they are generally just a pain to work for.&nbsp; Should I sue them for my injuries sustained at their workplace?&nbsp; With my job hairspray and water get on the floor around chair all the time.&nbsp; It&#039;s an accident waiting to happen - and it did.&nbsp; Should they not take measures like having non-slip rubber mats around all the chairs so the stylists don&#039;t slip and fall?<br /><br />I plan on talking to a lawyer next week, but until then I&#039;d like to know what I can do.&nbsp; I&#039;m living totally on savings right now which is quickly running out.&nbsp; Financially I&#039;m almost screwed and I&#039;ll likely ruin my credit rating shortly by not being able to make the payments on my credit cards.<br /><br />Any help is appreciated.

Asked almost 8 years ago in Toronto, Ontario
Categories: Labour & Employment

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David Page

Answer by David Page

VerifiedOntario lawyer

Are you sure about not having WSIB?  Have you talked to the WSIB about this?  Any lawsuit will take at least months to resolve. How about another line of work for a few months?  Talk to your lawyer.

Posted almost 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact David Page, or search the Lawyer Directory.


I&#039;m definitely 100% positive that hairstylists are not covered by WSIB.&nbsp; <br /><br />I realize a lawsuit would take months.<br /><br />I also can&#039;t do any other work in the meantime.&nbsp; I mean, who is going to hire me when I can&#039;t stand or walk?

Posted almost 8 years ago

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