Know Your Rights
This booklet will provide an overview of some of the important aspects of the Workplace Safety & Insurance Act (WSIA). It is not intended to be a legal document.
We hope that this booklet will help you understand your rights regarding Workers’ Safety Insurance Board (WSIB) and how to follow the proper procedures in order to receive the appropriate benefits.
Time Limits
The WSIA sets a six month time limit to file an application for benefits and/or to appeal most decisions. There is a 30 day time limit for any return to work issues. Time limits are strictly enforced although the WSIB retains its right to extend time limits when appropriate.
To Increase your chances of a successful claim, you need to take several steps and fill out forms.
STEPS TO FOLLOW IN CASE OF AN INJURY
1. REPORT ANY INCIDENT IMMEDIATELY
You should report all accidents/incidents immediately and give a detailed explanation to your Supervisor(s) and Union Representative as soon as possible.
Based on your completed Employee’s Report of Accident, the Employer is required to complete a Form 7 and submit it to the WSIB.
Form 6 is to be completed by you, the worker. You may submit a Form 6 even if your Employer fails to submit the Form 7. Be sure to include the following in your report:
- All areas of injury or hurt
- Where it occurred
- When it occurred
- Type and cause of injury
- Full name of any witness(es)
- Any pre-scheduled overtime (in the last four weeks)
Be consistent in your reports.
You may be required to give details of your injury/illness to numerous people, such as first aid givers, the WSIB, supervisors, hospital staff, your doctor or specialist, etc. WSIB will receive copies of those reports, so each report must contain the same information.
Some injuries/illnesses do not take full effect on the body until later that evening, the next day, or possibly the next week. It is critical to report and document all symptoms of the injury/illness. When you report to a supervisor, it is in your best interest to have a co-worker or union steward present, if possible.
2. MAKE NOTE OF ANY WITNESS(ES}
Ask any witness to the accident/incident to write down what they saw. They should include the time and date on their statement, and they should also sign it. This is acceptable proof of an injury and is especially important if the injury is not visible or if there is a delayed reaction.
3. SEE A DOCTOR
You must seek immediate medical attention. If your injury/illness requires immediate medical attention, the employer is required to cover the travel costs. Seeing a doctor immediately is important for a successful WSIB claim. You should inform the doctor the injury/illness happened at or because of work. Your doctor should submit a Form 8 to WSIB.
4. INFORM THE UNION OF YOUR INJURY
In all cases of workplace injury/illness, you should contact the WSIB Representative at the Union office for advice and assistance. This should be done as soon as possible after the injury/illness occurs.
5. LET PEOPLE KNOW ABOUT THE PAIN YOU FEEL
It is important to tell co-workers, supervisors, and the attending physician about your pain. Telling others helps establish and document injuries/illnesses that may seem, at the time, inconsequential. Continuity of complaint may help substantiate your claim.
6. KEEP COPIES OF All CORRESPONDENCE
It is crucial that you keep a copy of all correspondence and written documentation regarding the injury/illness, including prescriptions, doctors’ notes, forms, and letters. If your Union Representative is involved, please ensure they receive a copy of all correspondence as well.
7. KEEP A DIARY OF Al VERBAL COMMUNICATION
If you have verbal contact with the WSIB, it is a good idea to make a short note of what both parties said, including the time and date of the call. WSIB does this at their end. It is also a good idea to keep a diary of all other verbal communications you have regarding the injury/illness, for example, any telephone conversations with the Employer or the Union.
8. MISSED TIME & MEDICAL EXPENSES
Submit to WSIB any paystubs you have for the four (4) weeks before the injury. Follow up with WSIB to see if any additional information is needed. Ask your Union Representative to contact the Employer to submit income information to WSIB. Save all receipts for out-of-pocket expenses for medication and treatment related to injury. Submit receipts to WSIB and ask to be reimbursed.
9. STAY CALM
It may be extremely difficult at times, but when talking to the WSIB you should try to stay calm. Getting angry and threatening the WSIB Adjudicator will not benefit you in any way. Let your WSIB Representative in the Union office do the talking to the WSIB unless you are contacted directly by WSIB personnel. You can let the WSIB workers know that you will call them back as soon as you are with your Union Representative.
HOW TO START A CLAIM AND APPLY FOR BENEFITS
Workers are required to apply for benefits. This is done by filing a claim for benefits as soon as possible after the injury/disease occurs, and no later than six months from the day of the accident, or of becoming aware of an illness or disease that is work-related. WSIB may extend the time limits under certain limited circumstances.
Here are the forms you need have filled out to apply for WSIB benefits:
Employee’s Report of Accident/Injury Form – You are responsible for filling out this form and sending it to your union office, and your manager.
FORM 7 – Employer’s Report on Injury/Disease Your employer fills it out and you sign it.
FORM 8 – DOCTOR’S FIRST REPORT – there are two different forms 8 one for all body injuries and one for mental injuries. Make sure the right one is filled out for your injuries and fill out both if you feel you need both done.
FORM 6 – Worker’s Report on Injury/Disease (incident form) You fill it out yourself, sign it, and send it in.
You will also need an Direction of Authorization (DOA) form signed by to allow the union to represent you and speak on your behalf with WSIB. Please contact your Union Representative and they will assist you with all forms necessary.
APPEALS
Claims often get rejected at WSIB. Don’t worry if your claim is rejected. Speak to your Union Representative. Together you can file an Intent to Object form. The form is simple, it is just saying that you do intend to object to the decision. Substantial details are not needed at this time. Check your denial letter for deadlines. Your Union Representative can guide you through the appeals process with the help of CUPE National resources. Ensure you keep a copy of the form as well as a copy of the confirmation that the form was faxed or uploaded.
Campaign Materials For CUPE Locals
