Can Workplace Harassment Cause a Compensable WSIAT Injury in Ontario?

Can workplace harassment lead to a workers’ compensation claim in Ontario?

Yes — workplace harassment that creates a substantial work-related stressor can support a compensable injury claim before Ontario’s Workplace Safety and Insurance Appeals Tribunal (WSIAT). In Decision No. 1388/24I, 2026 ONWSIAT 633 (CanLII), the Tribunal accepted that ongoing harassment and modified-work conditions contributed to the worker’s compensable injury, including a shoulder condition.

Many Ontario workers assume that workers’ compensation only covers obvious physical accidents — a fall, a machine malfunction, a sudden strain. This decision is a reminder that the system can also respond to harm caused by the conditions of work itself.

What counts as a ‘substantial work-related stressor’ at WSIAT?

A substantial work-related stressor is one that is objectively significant and clearly connected to the employment relationship — not just an ordinary frustration of working life. The Tribunal looks at the whole picture: the nature of the stressor, how long it lasted, how severe it was, and how it affected the worker’s physical or psychological health.

Harassment from a supervisor or co-worker can qualify. So can a modified-work arrangement that is poorly designed or that exposes the worker to ongoing mistreatment. The key is that the stressor must be real and substantial, not merely uncomfortable or inconvenient.

How does workplace harassment connect to a physical injury like a shoulder condition?

Stress and physical health are not separate silos. Sustained psychological stress — including the kind produced by workplace harassment — can aggravate or contribute to physical conditions. In this case, the Tribunal considered a shoulder injury alongside the work-related stressors, recognizing that the two can be intertwined.

This matters because workers sometimes focus only on the physical mechanics of an injury and overlook the role that workplace conditions played in causing or worsening it. If harassment or a stressful modified-duty arrangement was part of the picture, it is worth raising with a legal professional.

What is modified work, and can it be a source of compensable stress?

Modified work — sometimes called light duty or accommodated work — is a return-to-work arrangement where an injured or ill worker performs adjusted tasks while recovering. In principle, it helps workers stay connected to employment during recovery. In practice, it can sometimes expose a worker to ongoing harassment, unreasonable demands, or conditions that make recovery harder.

The Tribunal’s analysis in this decision confirms that the modified-work context is not automatically benign. If the modified-work arrangement itself becomes a source of substantial stress or mistreatment, that experience can factor into the compensability analysis. Workers should document what happens during modified-work periods carefully.

Does this mean I can sue my employer for workplace harassment in Ontario?

Generally, no — not if the harm you suffered is compensable under the Workplace Safety and Insurance Act. Ontario’s workers’ compensation system involves a historic trade-off: workers receive no-fault benefits without having to prove negligence, but in exchange they give up the right to sue their employer in civil court for most workplace injuries.

However, the line between what is and is not covered by the workers’ compensation system is not always obvious. Some forms of harassment-related harm may fall outside the system’s scope, and there are other legal avenues — such as human rights complaints or employment law claims — that may be available depending on the circumstances. Speaking with our Ontario employment lawyers can help you understand which path applies to your situation.

What should I do if I think workplace harassment has injured me?

Start by reporting the harassment through your workplace’s internal process and keeping a written record of incidents, dates, and witnesses. If you are already receiving workers’ compensation benefits, report any new or worsening symptoms to your case manager promptly.

If your claim has been denied or you believe your work-related stressors have not been properly considered, you have the right to appeal within the WSIAT system. Time limits apply, so do not wait. Workers in the Hamilton and Burlington area can reach out to our Hamilton employment law team for guidance specific to their situation.

Practical takeaways for injured workers

• Document everything. Keep a personal log of harassment incidents, modified-work conditions, and any communications with supervisors or HR. Dates, names, and specific details matter at WSIAT hearings.
• Report symptoms early. If workplace stress is affecting your physical or mental health, tell your doctor and connect the symptoms to your work conditions. Medical records that reflect the work-related cause are critical evidence.
• Do not assume your claim is limited to the physical injury. If harassment or a stressful return-to-work process played a role in your condition, raise it — the Tribunal can consider the full picture.
• Watch your deadlines. Appeals within the WSIAT system have strict time limits. If your claim was denied or benefits were cut off, get legal advice quickly.
• Understand the trade-off. Accepting workers’ compensation benefits generally means giving up the right to sue your employer civilly for the same injury. Make sure you understand what you are entitled to before making decisions.

If you are navigating a WSIAT claim or dealing with workplace harassment that has affected your health, UL Lawyers offers a free initial consultation from their Burlington office and serves clients across Ontario. Connect with our team through our employment law practice page to learn about your options.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.