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Hi there,
I am just wondering about the laws that protect employees regarding work related injuries. I had knee surgery over 15 years ago for a torn meniscus and for the following 15 years had no issues with my knee. During my most recent job, ( i have been there over 1 year ) the labor has caused my knee issues to return ( initially it was minor/mild and i informed my supervisor about this, stating that i was having issues due to the strenuous nature of the tasks assigned to me, and unfortunately he pretty much ignored this- and proceeded to assign me increasingly difficult labor ( ordering me to work in manholes ) consequently i have now re-injured my knee ( i have an MRI proving this ) and when i initially went to my Doctor to obtain a note for 'modified duty' my supervisor claimed that they 'had no modified duty' and essentially said i was forced to stay home without pay. ( or to go on EI ) I tried to deal with this issue without applying for WSIB, but unfortunately i have now had to do so, because it is looking like the injury is going to require surgery. I visited my Doctor and obtained the 'functional abilities' form and then submitted a WSIB claim. I am waiting now for the claim number. I also submitted this information to Human Resources, and immediately there was 'other work' available to me- however In addition to this i was called into the Management office and in addition to being questioned ( interrogated ) about the injury dates and whether this was a 'pre-existing condition' ) i was told ( not asked to comply ) that my employer had made appointment with 'the company's personal doctors' ( which to me seems strange given i already have a doctor and an MRI to prove my injuries. ) ( Whether the company doctors assessment of my injury contradicts my own doctor's assessment, i am not sure- but it seems to me that would be the purpose ) The management has also now taken away my company vehicle ( required for the job ) and My questions are really about trying to discern what exactly they can and cannot require of me and what my legal rights are. I have worked for many telecommunications contractors in the past and this 'less than honourable ' treatment of employees especially around workers with injuries and anything involving making Workers Compensation claims- is unfortunately pretty common in this industry- as it is one of the only trades that is still non-unionized.
What exactly are the rights and responsibilities surrounding work related injuries, with regards to being marginalized or discriminated against and made to feel as if i have done something wrong, which is certainly not the case. This is not really a fair situation, but i want to ensure that i know the facts with regards to my options before i address it any further.

thanks very much in advance,
Dave

You may have a constructive dismissal claim. We can help. Call or email me at my contact info below and we can discuss your legal options.
Sivan Tumarkin
Direct Tel (Toll Free): 1-888-990-9646     Email: sivan@stlawyers.ca     Web: www.stlawyers.ca
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