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Buying & Selling a Business

Am I on the hook for a workplace injury claim that predates my ownership?

TSL Written by the Treadstone Law team· Updated August 2026

In a share purchase, generally yes, in the sense that the claim and any effect it has on the corporation's WSIB account and experience rating continue with the same continuing employer, regardless of when the injury occurred. In an asset purchase, the underlying claim itself is tied to the seller's employment relationship and WSIB account at the time of the injury, and a properly structured deal generally shouldn't make you directly liable for that specific claim as a separate legal employer.

Where it gets more nuanced is the practical, ongoing side: if the injured worker is someone you continue to employ after a going-concern purchase, you may have your own ongoing obligations connected to their recovery and return to work, separate from the historical claim itself, since those obligations run with the current employment relationship regardless of who was the employer when the injury happened.

Ask specifically about any active workplace injury claims and their status, including any ongoing return-to-work or accommodation obligations connected to continuing employees, rather than treating this purely as a closed historical matter. A Treadstone business lawyer can help you understand your ongoing obligations for employees you're continuing to employ.

Key takeaways

  • A share purchase generally continues a pre-existing injury claim's effect on the same account.
  • A properly structured asset purchase can leave the historical claim itself with the seller.
  • Ongoing return-to-work obligations for continuing employees can still fall to you regardless of structure.
  • Ask about active claims and any connected obligations for staff you're continuing to employ.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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