# legal responsibility



## bigtuna (Apr 15, 2011)

I wanted to enquire, what would be the legal resonsibility in Ontario if a subtrade was hurt on the job. The injury was an accident, as an installer that was an employee of a sub-contractor cut his fingure on a saw. 

Some insite would be great. 

Thanks


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## RobertCDF (Aug 18, 2005)

bigtuna said:


> I wanted to enquire, what would be the legal resonsibility in Ontario if a subtrade was hurt on the job. The injury was an accident, as an installer that was an employee of a sub-contractor cut his fingure on a saw.
> 
> Some insite would be great.
> 
> Thanks


Not 100% sure however I would imagine that the EMPLOYER is responsible for the EMPLOYEE. He should have work comp coverage, and if you failed to verify that then the employees lawyer may come after you as well...


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## Ashcon (Apr 28, 2009)

I would put in a call to the WSIB office, if everything is on the up and up it should not affect your rating. If this sub has an independant operators statis and you have the documentation, there should be no problem.

Always get the paper work and waivers prior to paying your subs.
If I was in your shoes knowing that a subs employee got hurt on my job I would follow up in writing or via email. The documentation is what counts.

Its not what you know its what you can prove in court. 

I don't think you will have any problems if everything is as you describe just put a plan in place so you are out in front of this. 


1. Is the sub a registered business?
2. Does the sub pay wsib for employees?
3. Do you have proof for questions 1 and 2?
4. Did the injured party receive medical attention, at the jobsite?
5. Did they recieve medical attention at a hospital or clinic?
6. Did the employer fill out a form 7 for WSIB and file it to report the 
accident?
7. Did you as the contractor follow up with the sub regarding his employee?

I am not a lawyer but I would have a yes answer to all of those questions and supporting documents. 

Accidents happen, most are avoidable but the very nature of our business means we expose ourselves to potential dangers everyday. 

I hope that the employee is ok and that in a few days or so everything will be back to normal. 

Good luck Chad


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## Chris Johnson (Apr 19, 2007)

Always ask for proof of WSIB prior to start of work...this goes away and you have no worries...unless you were negligent, but controlling how the cuts with a saw is between him and his employer


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## katoman (Apr 26, 2009)

If he went to the hospital for treatment, it's been reported. You may get a site visit from health and safety. Make sure EVERYTHING is to safety standards. Check extension cords, guardrails, everything. Also make sure everyone on site has their WHMIS and fall arrest certificates on them. The inspector will ask to see these.

Ashcon pretty much covered it.


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