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What you need to know about WSIB

Reporting an Injury and Filing a Claim In the event of an injury or illness

  •  Report accident or injury immediately to Employer
  •  Report when injury occurred to Employer
  •  Record name of person who took report about injury
  •  Report details of injury to employer
  •  Identify any witnesses
  •  Seek medical attention immediately
  •  Report to physician injury was work-related
  •  Check accuracy and obtain copies of all Forms
  •  Keep consistent notes about the injury

 

When is an injury compensable?


Benefits are payable for personal injury by an accident arising out of an in the course of employment. Section 13(1) WSIA


Early and Safe Return to Work

  • Under the Workplace Safety and Insurance Act workers are required to inform their employer when they will be able to return to work and must co-operate if the employer provides suitable work upon return. This is true even if a worker is not fully recovered from an injury or illness.
  • Ontario legislation (Bill 99) gives the WSIB extraordinary powers over a worker's health care. Benefits can be stopped if injured workers do not co-operate with the WSIB's decisions. These decisions are based on Board Policies Regulations and WSIAT Decisions

 

Understanding WSIB Form

Form 6: This is a form the worker completes. A worker can begin a claim by submitting this form to the WSIB or the board may send this to the worker to obtain more information. This form provides the worker an opportunity to give WSIB their story of events.

Workers are required to give a copy of this form to the employer.

Form 7: Is required by law to be completed by the employer when workers report an injury or illness and is also required to provide a copy to the worker.

Workers should read the form carefully to ensure the employer has accurately reported the details of the injury and the wages. According to WSIB a signature on this form does not mean agreement with the employer's version of events. The worker's signature authorizes a doctor to fill out a Functional Abilities Form (FAF)

Form 8: Is When seeking medical attention a worker must advise the treating physician the injury or illness is work-related! This initiates the doctor to complete this form and send it to WSIB. Workers should check to ensure the doctor enters the details of the accident as they remember them. Ensure the doctor makes a note of each part of the body that was injured and request a copy of this form. To prevent any delay or problems with the approval of the claim this form should be completed when the worker seeks medical attention the day of the injury!


Worker's Obligation

  • Consent to release the Functional Abilities Information to be used in return to work programs.
  • Cooperate in any Board approved health care
  • Cooperate in the early and safe return to work and/or the labour market re-entry program
  • Report any change in material circumstances

 

Employer's Obligations

  • The employer is not required to report if only first aid is provided. First aid includes cleaning minor cuts, scrapes, scratches, treating minor burns, applying bandages, dressings applying a splint, changing bandage, dressing after a follow-up visit.
  • The employer must report an injury regardless of whether the employer pays the health care practitioner for the services provided and/or whether the health care practitioner treats the worker on the employer's premises.
  • The employer must pay for the first day's wages for the day of the accident. Once the claim is approved WSIB coverage begins the first working day after the injury or illness occurs.
  • If the injury or illness is serious (or potentially serious) the employer is responsible for providing transport to medical treatment and may have to call an ambulance or assign someone to accompany the injured worker.

 

WSIB Time Limits

  • To file a claim: A worker shall file a claim as soon as possible , but in no case more than six months after the accident. In the case of an occupational disease, after the worker learns that he or she suffers from a disease, the time limits apply.
  • Forms: Employer must complete Form 7 within 3 days of learning of lost time or health care. The WSIB must receive the form within 7 days
  • Appeals: The Act has time limits for appealing decisions of the Board. For Return to Work or Labour Market Re-entry issues a worker must appeal within 30-days. For all other issues, the worker must appeal in writing within 6 months of the Board's decision.

 

What Happens When an Injury is not Reported?

  • Worker loses future protection under the Act
  • Employer has no financial incentive to clean up workplace hazards

 

What Injuries should be reported?
 
  • As soon as possible to an immediate supervisor
  • Seek medical attention immediately
  • Tell co-workers and your Union

 

Types of Injuries

  • Sudden Examples
  • Gradual Onset Examples
  • RSI
  • Fractures
  • Occupational diseases
  • burns
  • Chronic pain
  • Spains
  • fibromyalgia



Definition of An Accident: "An Unforeseen, Chance Event."
A willful and intentional act not being the act of the worker.

  • Assault
  • Co-worker's negligence
  • Victim of horseplay
  • A chance event occasioned by a physical or natural cause
  • Lightning
  • Heat prostration
  • A disablement arising out of an in the course of work
  • Condition appears over time e.g. asthma
  • Unexpected result of work duties carpal tunnel syndrome


What should be included in a modified work plan in a collective Agreement?
  • A definition of a modified work plan
  • Criteria of a modified work plan
  • Who will be involved in a return to work process for injured workers upon their return to work

 

Modified Work Plan

What should a plan include?

A Return to Work Program should be designed to provide a meaningful and productive work plan within a framework to assist workers with illness or disabilities that are able to return to work, yet may require assistance or modification of working conditions to return to regular employment. Return to work programs should be designed to meet the obligations under the appropriate legislation such as the Workplace Safety and Insurance Act, The Human rights Code and the Occupational Health and Safety Act.

What is a Return to Work Plan?

A Return to Work Plan is a written outline of a job, task, function or combination of duties or job elements that a temporary disabled worker may perform safely and without risk of injury or exacerbation of the existing illness or injury. The plan often has built in, but flexible, timelines for review of the injured worker's progress within the Plan.

A Return to Work Plan is a written outline of a job, task, function or combination of duties or job elements that a temporary disabled worker may perform safely and without risk of injury or exacerbation of the existing illness or injury. The plan often has built in, but flexible, timelines for review of the injured worker's progress within the Plan.

What is Modified Work?

Modified work is the group of temporary tasks or workplace factors that have been adjusted or amended to take into account an individual's ability and medical restrictions. It can include a gradual introduction of job tasks and/or working hours in order to develop work tolerance after an absence from work.

Workers should not refuse any job they can do, no matter how foolish it may seem.