Workplace Safety Rights for Newcomers in Canada: Workers Compensation, Refusing Unsafe Work, and Employer Responsibilities

Why Workplace Safety Matters for Newcomers

When you arrive in Canada and begin working, understanding your workplace safety rights is one of the most important things you can do. Every year, thousands of workers across Canada are injured on the job. Many newcomers are unaware that Canadian law provides strong protections for all workers, including temporary foreign workers, permanent residents, and refugees. These rights exist regardless of your immigration status, the language you speak, or how long you have been in the country.

Workplace safety in Canada is governed by both federal and provincial legislation. Most workers fall under provincial jurisdiction, which means the rules may differ slightly depending on where you live. However, the core principles remain the same across the country: employers must provide a safe workplace, workers have the right to know about hazards, and no one can be punished for raising safety concerns.

If you are new to the Canadian workforce, this guide will help you understand the systems in place to protect you. For more general information about working in Canada, visit our work permit guide for newcomers.

Understanding Workers Compensation in Canada

Workers compensation is a system of insurance that provides benefits to workers who are injured or become ill because of their job. In Canada, each province and territory has its own workers compensation board. The two largest are WorkSafeBC in British Columbia and the Workplace Safety and Insurance Board (WSIB) in Ontario.

Workers compensation covers medical treatment costs, a portion of lost wages while you recover, rehabilitation services, and in the worst cases, benefits for permanent disability or death. Your employer pays premiums into this system. You do not pay anything. In return, the system provides no-fault coverage, meaning you receive benefits regardless of who caused the injury, as long as it happened at work or because of work.

How WorkSafeBC Protects Workers in British Columbia

If you work in British Columbia, WorkSafeBC is your workers compensation provider. WorkSafeBC covers most workers in the province, including part-time workers, temporary workers, and young workers. When you are injured at work, WorkSafeBC can cover your medical expenses, physiotherapy, prescription medications, and wage loss benefits. You can file a claim online through the WorkSafeBC claims portal or by calling them directly.

WorkSafeBC also sets and enforces workplace safety regulations in BC. They conduct inspections, investigate serious incidents, and can issue fines to employers who violate safety rules. As a worker, you can contact WorkSafeBC to report unsafe conditions at your workplace without giving your name.

How WSIB Protects Workers in Ontario

In Ontario, the Workplace Safety and Insurance Board (WSIB) serves a similar function. WSIB provides coverage for workplace injuries and occupational diseases. If you are injured at work in Ontario, you should report the injury to your employer immediately and seek medical attention. Your employer is required by law to report the injury to WSIB within three days if you need medical treatment beyond first aid or miss time from work.

WSIB also operates the Health and Safety Ontario system, which provides training, resources, and support to help prevent workplace injuries before they happen. For newcomers in Ontario, this is an excellent resource for learning about your rights.

Your Three Fundamental Workplace Safety Rights

Canadian workplace safety law gives every worker three fundamental rights. These rights are protected by law in every province and territory, and they apply to all workers, including newcomers.

The Right to Know

You have the right to know about any hazards in your workplace. Your employer must tell you about chemicals, machinery, processes, or conditions that could harm you. This includes providing training in a language you understand, giving you access to Safety Data Sheets (SDS) for chemicals you work with, and ensuring that hazard warning signs are clearly posted. The Workplace Hazardous Materials Information System (WHMIS) is the national standard for hazard communication, and your employer must provide WHMIS training before you work with or near hazardous materials.

The Right to Participate

You have the right to participate in keeping your workplace safe. This means you can join the workplace health and safety committee, report hazards to your supervisor, and suggest improvements to safety procedures. In workplaces with 20 or more workers, there must be a joint health and safety committee with worker representatives. In smaller workplaces, there must be at least one worker health and safety representative.

The Right to Refuse Unsafe Work

This is perhaps the most important right for newcomers to understand. If you believe that your work is dangerous to you or anyone else, you have the legal right to refuse to do it. You cannot be fired, disciplined, or penalized in any way for refusing unsafe work. This right is protected under the Canada Labour Code for federally regulated workers, and under provincial occupational health and safety legislation for all other workers.

How to Report a Workplace Injury

If you are injured at work, there are specific steps you should follow to protect yourself and ensure you receive the benefits you are entitled to.

First, get medical attention immediately. Your health comes first. Tell the doctor or nurse that your injury happened at work, as this will be documented in your medical records and is important for your claim. Second, report the injury to your employer as soon as possible. In most provinces, you must report the injury on the same day it happens or as soon as you become aware of it. Third, file a workers compensation claim with your provincial board. In BC, you can file online at WorkSafeBC. In Ontario, you can file through WSIB. Other provinces have similar processes.

Keep copies of all documents related to your injury, including medical records, incident reports, and any correspondence with your employer or the workers compensation board. If you need help navigating this process, settlement organizations like ISSofBC or MOSAIC can provide guidance and translation support.

What If Your Employer Refuses to Report the Injury?

Some employers, unfortunately, may pressure you not to report an injury or may refuse to file the required paperwork. This is illegal. You have the right to file a claim directly with the workers compensation board yourself. The board will investigate and ensure your employer complies with their legal obligations. You do not need your employer's permission or cooperation to file a claim.

Personal Protective Equipment (PPE) Requirements

Personal protective equipment includes items like hard hats, safety glasses, steel-toed boots, gloves, hearing protection, respirators, and high-visibility clothing. In Canada, your employer is generally required to provide PPE at no cost to you. The specific requirements depend on your industry and the hazards present in your workplace.

Your employer must assess the workplace for hazards, determine what PPE is needed, provide the equipment, train you on how to use it properly, and maintain and replace equipment as needed. You, in turn, are required to wear the PPE provided, follow your training, and report any damaged or defective equipment to your supervisor.

Employer Responsibilities Under Canadian Law

Canadian law places significant responsibilities on employers to maintain safe workplaces. Employers must take every reasonable precaution to protect workers from harm. This includes conducting regular workplace inspections, maintaining equipment in safe working condition, providing adequate training and supervision, developing and implementing health and safety policies, investigating all incidents and near-misses, and keeping accurate records of workplace injuries and hazardous materials.

Employers who fail to meet these obligations can face significant penalties, including fines, stop-work orders, and in cases of criminal negligence, prosecution under the Criminal Code of Canada. The Government of Canada workplace safety page provides additional details on federal requirements.

Special Protections for Vulnerable Workers

Canada recognizes that some workers, including newcomers, young workers, and temporary foreign workers, may be more vulnerable to workplace safety issues. Many provinces have specific programs and regulations to protect these groups. For example, WorkSafeBC has resources available in multiple languages, and WSIB offers translated materials and interpreter services for workers who need them.

If you are a temporary foreign worker, you have exactly the same workplace safety rights as any Canadian citizen or permanent resident. Your employer cannot use your immigration status to intimidate you or prevent you from exercising your rights. For more information on your rights as a temporary foreign worker, see our guide to temporary foreign worker rights.

Resources and Next Steps

Understanding your workplace safety rights is essential to building a successful life in Canada. Here are some key resources to help you:

• WorkSafeBC for workers in British Columbia
• WSIB for workers in Ontario
• Canadian Centre for Occupational Health and Safety (CCOHS)
• Your provincial occupational health and safety office
• Local settlement agencies for translation and navigation support

If you are looking for work or just starting a new job, explore our blog for more newcomer employment guides, or try our AI Newcomer Navigator for personalized help. You can also learn about WelcomeAide's mission or see how to get involved in supporting newcomer communities across Canada.