What WSIB is, can be explained in just one sentence like the Work place Safety & Insurance Board. This agency used to be called the Workers Compensation Board and is an Ontario Government Agency. Their main aim is to protect the workers, especially those working in high risk work places as well as benefit the employers in many different ways.
What this means is that in case of an work place incident be in an accident or illness, the worker is entitled to several different benefits which include compensation, benefit for loss of earnings to name a few. The employer is also covered since it ensures that they cannot be sued in case of a workplace incident and their injured or incapacitated employee is given the necessary support to recovery quickly and get back to work.
The obvious question being, is this really required? The answer is yes and here is why. As per the statistics made public approximately 4682 workers were killed at their respective work places in 2012. In fact in a fatal incident that occurred as recent as the May of 2014 in a mine in Turkey, more than 250 miners lost their lives. Amongst those where miners from Turkey as well as many different parts of the world.
The facts in simple English:
It is possible that you have many doubts regarding the conditions of WSIB or if your specific circumstances. Hence I have put together a list of facts regarding several different subjects pertaining to WSIB like claims, eligibility etc.:
- No matter what your employment status is you will be covered by the WSIB from the first minute you are on job and that includes even the temporary employees as well.
- In case of an accident occurring early in the day and it so happens that the employee is unable to continue working his shift, the employer is required to pay the balance of the scheduled shift.
- It sometimes happens that the manager may advise the employee against seeking a WSIB claim. In situations like these it is necessary for the employee to report the incident and seek medical attention as well. In addition to that you also need to get in touch with the union representative and make sure they are aware of your employers advise of not making a WSIB claim.
- WSIB claims are not only limited to major accidents. For example if you find that you shoulder is hurting a lot and the only reason could be related to you workplace than you may be entitled for compensation as well. In such cases if you do make a claim, the WSIB may conduct an investigation prior to approving the claim and providing the benefits. The only disadvantage is such cases is that the benefits can be delayed for several weeks. Either way you should get medical attention and ask the doctor to submit the report to the WSIB.
- Let us consider the situation where you have been injured due to the negligence of a fellow worker. Since WSIB is a “No Fault” insurance you cannot sue the fellow worker. However you will still quality for compensation. However if your injuries have been caused due to some recklessness and work that was carried out beyond the scope of your duties it may result in a denial of benefits from the WSIB.
- There are certain things that WSIB will not cover though. For example if you were injured on your way to work in any form you will not be entitled to any benefits from WSIB. On the other hand if you are a truck driver by profession and injured on duty while driving you will be entitled for compensation. Again if you happen to slip on some ice outside a store you can qualify for compensation only if you were on premises of your employer.
- In case of an injury it is best to follow the doctor’s advice regarding the time period of getting back to work. It often happens that the employee is pressured by the manager to return to work fast and there are changes you are feeling fine too. Although it is needless to say who is the expert here, (the doctor) and thus the doctor’s advice should ideally be followed in most of the cases.
- In case of an injury it is possible that during your recovery stages, your employer offers you a changed set of duties. Your injuries may prevent you from going back to your normal duties however it may be possible for you to carry out other duties. In such cases the doctor is usually consulted prior to making any decisions (the WSIB may intervene as well).
- All the workers should make sure they report all injuries no matter how minor they are. The reason being that small injuries can be develop into big problems if ignored. Such injuries include back pains, strain injuries, etc.
- If you have made a claim at WSIB and been off work for more than two weeks and still not heard back from WSIB then you need not panic. In such cases there may be little benefit of contacting your employer or the union, instead you should contact the WSIB directly and keep a note of your conversations.
- The WSIB does have a time limit by which time you are entitled to claim benefits. WSIB has set a 6 months limit, by which you should submit your claims for compensation of a workplace injury or disease.
- Making the claims is not a hard process. You simply need to complete the workers report form (form 6) first. You also need to seek medical advice and request your physician to submit a report (form 8) to the WSIB. The employer also needs to submit a report. Hence once you report it to your employer, they can submit the report (form 7) to the WSIB.
- Once the WSIB claim is setup, you will be provide with a WSIB claim number. For every communication with the WSIB you will require this WSIB claim number.
- WSIB makes their decisions on claims made by reviewing the accident and medical history of the worker. In some cases where the facts are unclear there possibilities of delays on the decision too.
- When WSIB’s decisions on the claims are delayed due to some or the other reason the employee may find himself in a strapped for cash and supplies. In such situations the employee should be aware that there are other avenues open to him He may be entitled to other kinds of benefits and thus should inquire regarding them.
- Once WSIB has approved a claim the benefits are authorized according to the take home pay, it is in fact 85% of the take home pay. This is usually paid for the first 12 weeks after which there is a review and you are a temporary employee the benefit is adjusted accordingly.
How Safety first consulting can help you for your need?:
Safety First Consulting Professional Corporation is a licensed paralegal firm regulated by the Law Society of Upper Canada (LSUC). Our paralegal team provides a widespread WSIB claims Ontario management system that is designed to reduce and control an employer’s costs associated with workplace injuries and illnesses. Our pro-active program begins at the point of occurrence and continues to the final resolution of the claim with a rapid response.
The professionals at Safety First Consulting can show you how to navigate the sometimes technical and often confusing OSHA regulations. They can help you figure out what regulations apply in your workplace and what you need to do to comply. Just know About us, take one of our classes, or request a Contact us form.
The facts mentioned here are mean to provide answers to the WSIB questions that you may have. There is nothing of greater priority to Safety First Consulting than the safety of your company. Safety First Consulting possess an expert and dedicated team of professionals than can assist you with every aspect of safety. For example they have several different services offered by them in order to help their clients like:
- Health and Safety Programs and Compliance.
- Health and Safety Training and Certification Programs.
- Health and Safety Workplace Training (construction).
- Health and Safety Workplace Training (Industrial).
- Workplace Safety and Insurance Board (WSIB) Claims management.
- Workplace safety and Insurance Board (WSIB) Appeals.
- Workplace Safety and Insurance Board Revenue Services.
About the Author
Sophie Moore is a Digital Marketing Analyst, in charge of many digital marketing projects that involve SEO, Social Media and mobile web strategy. Moore has a background in IT, strong experience on website development and web interface, degrees in both traditional and digital marketing at Duke University, North Carolina.
Moore has a wide experience of internet projects and keeps herself up to date with the latest technologies and trends. Moore always explains that social media is her passion, SEO a motivation and a dynamic challenge where she is involved every day.
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