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Generally, no.

Where an employee falls ill at work with the COVID-19 virus, in most cases the employee will not be able to sue their employer.

This is because workers’ compensation legislation, such as the Workplace Safety and Insurance Act, 1997 (the “Act”) in Ontario, provides for a no-fault compensation plan for workers who are injured or contract an illness in the workplace.

For example, employees in Ontario that contract COVID-19 while at work may file a claim with the Workplace Safety and Insurance Board (“WSIB”) to collect compensation benefits during their leave.

The legislation essentially acts as a bar to employees who wish to bring legal action against their employer.

Despite this, there may be circumstances in which an employee can bring a claim against their employer, such as where the employer was negligent in its conduct.

If you have sustained a work-related injury or illness, including in relation to the COVID-19 virus, and you want to better understand the legal remedies available to you, or if you require assistance in filing a claim, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email to mlahert@sultanlawyers.com.