- Disabilities & the Disabled
WSIB Claims - How To Guide
Steps to Follow in Filing WSIB Clims
WORK RELATED INJURIES AND WSIB
By Edwin C. Mercurio
Ontario, Canada - Over 10,000 workers under the age of 25 file a claim each year in Ontario with the Workplace Safety and Insurance Board (WSIB) because they've been injured on the job to the extent that they cannot return to work the day after the injury. Almost as many young workers file claims because they've suffered an injury that allowed them to keep working, but required first aid treatment. Those injuries are called ‘Lost Time Injuries’ by the WSIB.
WSIB records show that one in every 68 employed workers in 2010 was injured or harmed on the job and received workers compensation as a result.
The highest rate of injury at 24.5 cases per 1,000 employees are found in those working in the construction industry.
Injured workers are compensated by the WSIB on a “No Fault” basis. This means that compensation is paid no matter who is at fault, the employer, the employee or someone else -in workplace related injury or disease.
However, the employer can contest a claim where there is a legitimate question of how the injury happened. In many cases, the injured worker is given the benefit of the doubt.
The main focus of the WSIB system is to get the injured worker back to his or her work as soon as practicable. In most cases the employer offer suitable modified work that the worker can perform without aggravating the injury.
Most WSIB claims are straightforward. The injured worker is paid benefits while recovering and returns to his or her regular work. But some cases are complicated and may take time to resolve. In some cases where the injured workers are denied WSIB benefits or have their benefits stopped by the WSIB, help is available for injured workers. Contact your Union for assistance and advice.
WORKERS' RIGHTS AND OBLIGATIONS:
When filing a claim for WSIB, a worker must do so as soon as they possibly can. It is important to note that there are different time limits on filing claims under different agencies. A worker must also comply with requests they receive from WSIB. The worker's employer, or Union, may also request information from the worker. You are not required to provide any Medical Information to your employer, but it is in your best interest to cooperate with the requests from your union.
STEPS TO FOLLOW IN CASE OF INJURY:
Step 1-Report any incident immediately:
You should report all accidents/injuries immediately and give a detailed explanation to your manager and a union representative as soon as possible. Some injuries do not take effect on the body until later that evening, the next day, or possibly thenext week. Therefore, it is critical to report and document all incidents. When you report it to your manager, it is in your best interest to have a co-worker or union steward present if possible.
Step 2- Make note of any witnesses:
The onus is on the injured worker to prove that the injury "arose out of and in the course of employment."
Proof of an injury, the time , place and witnesses are vital especially in cases where the injury is not visible or if there is a delayed reaction.
Step 3-See a doctor:
Once you have made your report, see your family doctor or a community health clinic. It is important to note that if a doctor or any other health care professional recommends that you take time away from work, you should ask for it in writing at the time the recommendation was made.
Step 4- Let people know about the pain you feel:
It is important to tell co-workers, union steward, management, the attending physician and nurses about your pain. This helps establish and document injuries that may seem, at the time, inconsequential. Continuity of complaint may help you substantiate your claim later.
Step 5- Keep copies of all correspondence:
It is crucial that you keep a copy of all correspondence regarding the injury, including prescriptions, doctor's notes, forms, and letters.
Step 6- Keep a diary of all verbal communication:
It is a good idea to keep a diary of all verbal communications you have regarding the injury. For example, any telephone conversations with the employer, WSIB or the union.
Step 7-Stay calm:
It may be extremely difficult at times, but when talking to the Board representatives, you should try to stay calm. Getting angry and threatening
the WSIB adjudicator will not benefit you in any way. It is important to remember that the Board documents all telephone calls you have with the WSIB.***