Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canadian Employment & Labour Law

Making the law work for your workplace.

open menu close menu

Dentons Canadian Employment & Labour Law

  • Home
  • About Us
  • Topics
    • Topics
    • Labour
    • Workplace investigations
    • Montréal Newsletter

What the 2026 Work Fatality and Injury Rate report means for employers and why legal strategy matters more than ever

By Emily Kroboth and Anil Nair
May 20, 2026
  • Occupational Health and Safety
Share on Facebook Share on Twitter Share via email Share on LinkedIn

The National Day of Mourning is observed annually in Canada on April 28 to honour workers killed, injured or who fall ill on the job. Officially recognized in 1991, this day serves to remember victims and renew commitments to improving workplace health and safety. To that end, the University of Regina’s 2026 Report on Work Fatality and Injury Rates in Canada, authored by Sean Tucker and Anya Keefe, offers a sobering yet practical snapshot of worker safety nationwide. For employers, the data highlights both the legal and strategic imperatives of proactive health and safety governance. The report paints a clear message: risk in the workplace is not decreasing, and neither is regulatory scrutiny.

While many organizations have invested heavily in safety programs, the data shows that traditional approaches are no longer enough to shield employers from liability. This evolving landscape presents both a challenge and an opportunity to ensure that health and safety of the workforce remains paramount. Organizations that take a strategic, legally informed approach to workplace safety will be better positioned to control costs, protect leadership and mitigate risks.

The study utilized data from the Association of Workers’ Compensation Boards of Canada (AWCBC) which outlined that 1,042 work-related death claims were filed in 2024. Seven of the eleven jurisdictions experienced an increase in their 2024 injury fatality rate compared to their 2021-2023 average rate. Among jurisdictions with over 100,000 full-time equivalent employees, Newfoundland and Labrador (161%), Manitoba (59%) and New Brunswick (57%) showed the greatest percentage increase in their 2024 injury fatality rate. A crucial finding from the report is that occupational disease deaths now exceed traumatic fatalities in most jurisdictions. In provinces with large workforces, Newfoundland and Labrador recorded the highest occupational disease fatality rate (7.9 per 100,000 workers), followed by Alberta (5.1) and Ontario (4.7).

This shift reflects expanded recognition of diseases linked to asbestos, firefighting and other long-term chemical or biological exposures. For employers, it foreshadows increased scrutiny of industrial hygiene programs, exposure record-keeping and medical surveillance obligations, in workers’ compensation claims. The data reinforces the ongoing duty to apply due diligence not only to traditional injury prevention but also to slower-developing occupational illnesses linked to the workplace.

On a more positive note, lost-time injury rates (cases where a worker misses work due to a compensable injury) fell across all jurisdictions in 2024. Québec recorded a 24% drop, Alberta 22% and Newfoundland and Labrador 14%. However, the report cautions that reported declines may partly reflect under-reporting and variations in claim suppression practices. These findings point to a compliance landscape where data accuracy itself is a legal and reputational concern. Employers should evaluate internal reporting culture, ensure transparency in workers’ compensation filings and document corrective actions following incidents.

Properly documenting incidents and workplace safety policies is becoming increasingly important in prosecutions and regulatory proceedings. What is documented is often just as important as what actions have occurred. Incomplete or inconsistent record-keeping can undermine even well-intentioned safety efforts. Simply put, not documenting the safety program of your organization prevents legal counsel from using it effectively should a prosecution occur. It is a best practice to maintain robust data on hazardous materials, ventilation and PPE use, especially for long-latency conditions.

Auditing your organization’s health and safety systems is also critical. It is crucial for management staff to remain on top of any recent updates to legal requirements and recognising industry trends. Keeping all staff regularly trained is vital and educating frontline management on reporting obligations and how to respond effectively to potential concerns will instill confidence in the workforce. Psychological injuries are increasingly viewed as “occupational harm,” requiring proactive risk assessments and preventative support. Therefore, integrating mental health into health and safety programs is not only beneficial to the workforce, but it also allows for the mitigation of future harms.

The employers that will succeed in this environment are those that treat workplace safety as a strategic priority, not a regulatory burden. A legally informed safety program can reduce the likelihood and severity of incidents, strengthen defenses in the event of enforcement, lower long-term costs associated with claims and premiums and demonstrate leadership to stakeholders, employees and regulators.

For more information on this topic, please reach out to Emily Kroboth and Anil Nair.


At Dentons, we act as a strategic partner in risk prevention and control. We regularly work with employers to design robust workplace policies that provide clarity. We also design comprehensive workplace safety audits and conduct invaluable safety training with employers throughout Canada. To learn more about how we can support your organization, please contact a member of our Employment and Labour group.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Emily Kroboth

About Emily Kroboth

Emily Kroboth is a senior associate in the Employment & Labour group at the Toronto office of Dentons Canada LLP. Emily advises clients in all areas of labour and employment law, including employment contract and policies, discipline and termination, human rights and workplace accommodations, labour relations and occupational health and safety.

All posts Full bio

Anil Nair

About Anil Nair

Anil Nair (he/him) is an associate in Dentons’ Employment & Labour group in the Toronto office. Anil practices health and safety law, defending both large global entities and smaller local companies against charges under the Occupational Health and Safety Act (OHSA).

All posts Full bio

RELATED POSTS

  • Employment Standards
  • Occupational Health and Safety

Natural Disasters in the Workplace – What Do I Do?

Did you know that the Ontario Ministry of Labour has a Q&A on how to deal with natural disasters in […]

By Catherine Coulter
  • Occupational Health and Safety

Statistical Analysis of 863 Ontario Occupational Health and Safety Act Prosecutions: FMC Releases Report

This article originally appeared on www.occupationalhealthandsafetylaw.com. More than two-thirds of Ontario companies charged under the Occupational Health and Safety Act […]

By Adrian Miedema
  • Employment Standards
  • Occupational Health and Safety

Coronavirus (COVID-19): Employer obligations, options and strategies

By Adrian Miedema

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Check out more at Dentons.com

Working for or against you: Copyright ownership and the “course of employment”

Without explicit provisions in employment agreements, employers risk employees retaining copyright in works they create, even when employees secretly develop a competing product. Employers presumptively own copyright in works made [...]

Employment and Labour Law: 2025 Year in Review and Future Trends

The Canadian labour and employment law landscape continued to evolve in 2025 with important developments in wrongful dismissal litigation and human rights. In addition, Canadian legislators introduced new laws intended [...]

A review of landmark decisions in employment and labour law rendered in Québec in 2025

The year 2025 saw several significant judicial decisions shaping the landscape of labour and employment law. In the following pages, we present the key highlights from a dozen rulings by [...]

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • Confidentiality/Trade Secrets
  • Constructive Dismissal
  • COVID-19
  • Criminal Offences by Employees
  • Employment Standards
  • Executive Compensation
  • General
  • Human Rights
  • Immigration
  • Labour
  • Montréal Newsletter
  • Occupational Health and Safety
  • Pay Equity
  • Pensions and Benefits
  • Privacy
  • Restrictive Covenants
  • Union Issues
  • Workers' Compensation
  • Workplace investigations
  • Wrongful Dismissal
  • WSIB

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2026 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site