Commonwealth Caribbean and Mexican seasonal agricultural workers – Workplace injuries: A guide for businesses

Coverage

Workplace injury or illness coverage for foreign agricultural workers starts the day they arrive at the agreed upon departure location in their home country and stays in place until they return home.

While in Ontario, they’re covered when:

  • coming from the airport in Ontario to your business
  • using a bus or car with your authorization when travelling to and from your business on a direct, uninterrupted route
  • taking time off or during mealtime while on your properties
  • sleeping in the accommodation you provide

They’re generally not covered when:

  • taking part in recreational activities away from your properties
  • visiting with family and friends

When foreign agricultural workers are injured or become ill on the job in Ontario, they’re eligible for WSIB benefits and services like any Ontarians covered by the WSIB. You’re responsible for reporting an injury or illness of anyone you employ in your business, including family, seasonal or temporary employees.

How to report an injury or illness

1. Provide medical help

You’re responsible for providing first aid. First aid is one-time treatment or care (e.g., cleaning minor cuts, treating a minor burn). You must transport the injured or ill person or pay for the cost of their transportation to a hospital or doctor on the day of the injury if they need further treatment.

2. Document

You must investigate and keep a detailed record of what happened, and the steps you take to correct the issue.

3. Report it to the WSIB

You can report an injury or illness and submit an Employer’s Report of Injury/Illness (Form 7) within three business days of learning of an injury or illness at work if the person:

  • needs more than first aid, or
  • is absent from work, or
  • earns less than regular pay, or
  • requires modified work at regular pay for more than seven calendar days.

You must provide a copy of the injury or illness report to the injured or ill person.

You must pay the injured or ill person for a full day’s wages on the day of the incident. WSIB benefits start the day after the injury or illness happens, if allowed.

4. Work together

Stay in touch. We’ll work with you and the injured person to help them recover and return to work safely, and get you back to business as usual. Please let us know as soon as you know when the injured person will be leaving the country.