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Injury or illness reporting at WSIB

 

For Ontarians affected by a workplace injury or illness, we're here to provide the resources and support that workers need to help them recover and safely return to work. Here’s what workers and employers need to know about reporting an injury or illness to the WSIB.

 

When to report an injury or illness to the WSIB

This page outlines the criteria for, and obligations of employers and workers with regard to, reporting an injury or illness under the Workplace Safety and Insurance Act.

Workers

Employers

  • If you are injured at work or become ill because of your job, you should report the injury or illness to your employer as soon as possible. Following the injury or illness, if you need treatment from a health professional (beyond first aid), your employer is obligated to report it to the WSIB.
  • If you subsequently lose time from work (i.e. you are not feeling well the day following the injury or illness and you choose to stay home because of the injury or illness), you must report your injury or illness to the WSIB.
  • Do not delay reporting your injury or illness– It is important to claim benefits as soon as possible. You have 6 months from the date of the injury to claim benefits. For a workplace illness, you generally have 6 months from date of your diagnosis.

If your dentures, glasses and/or artificial appliances are damaged in a workplace accident, you are eligible to claim benefits for repairing/replacing these devices, even if you have no other injury.

Note: You do not have to report your injury or illness to the WSIB if all three of the following apply:

  • only first aid treatment was needed, and
  • you did not take any time off work, and
  • your pay was not affected.

As required by the Workplace Safety and Insurance Act, you must report a workplace injury or illness to the WSIB within 3 days after learning of your worker’s injury or illness, if the injured worker:

  • requires treatment from a health professional (beyond first aid), or
  • is absent from work (e.g., if the worker has to leave work for any reason pertaining to the injury or illness), or
  • earns less than regular pay (e.g., working fewer hours or being paid less per hour)

You must also report a workplace injury or illness, if the injured worker:

  • does not receive health care, and
  • requires modified work due to the injury or illness, and
  • has been doing modified work at regular pay for more than 7 days

In this case, the reporting obligation begins on the 8th day of modified work.

Note: Modified work is any change in a regular job while a worker recovers from an injury or illness, such as being assigned different duties.
Even in cases where the injured worker agrees to do modified work at regular pay, you must report the injury or illness to the WSIB, if the modified work continues beyond 7 days.

 

 

 

Reporting rights and responsibilities

If you are not sure whether the injury or illness is work-related, you should still report it to the WSIB. The decision about whether an injury or illness is work-related can only be made by the WSIB.

Workers

Employers

  • You should report your injury or illness even if you find yourself in situations such as:
    • Your supervisor or manager tells you not to report a workplace injury or illness to the WSIB
    • Your employer tells you that you will lose your job if you report a workplace injury or illness
    • Your employer tells you that your injury or illness is not covered by the WSIB
    • You’re told to use your sick days to recover from a workplace injury or illness, rather than report it
  • If a worker informs you about a workplace injury or illness, you are obligated to investigate it. If the injured worker only needed first aid and did not require any further health care, you are not required to report it to the WSIB. However, the law requires that you keep a record of all first aid details.

Note: A worker qualified to handle a workplace first aid station can give first aid. When a company doctor or nurse gives only first aid, it is not considered health care, since it did not require their professional skills.

  • If more serious treatment is required, transport the worker to the appropriate medical facility. Depending on the severity of the injury or illness, you may need to assign someone to accompany the injured worker or call an ambulance. You must pay the costs for transporting the worker.
  • Continue to pay the worker’s full day’s wages on the day of the accident. If the worker has lost wages and the claim is allowed, WSIB loss of earnings benefits start the working day after the injury or illness occurs.
  • If the worker receives only modified work at full pay following the injury, you are not required to report the injury until the 8th day following the accident. You must report workplace injuries or illnesses that go past 7 days of modified work. You must keep a record of the incident and what happens during the time your worker recovers.
  • You must report all cases where a worker suffers a needlestick injury, unless you have a surveillance protocol in place. A surveillance protocol is a formal procedure a health care institution follows to test and monitor a person exposed to an infectious disease to see if the person develops that disease.

Note: It is against the law to discourage a worker from reporting a workplace injury or illness. If you do, you could face a financial penalty as well as prosecution.

 

 

Workplace fatality or critical incident

A workplace fatality or other critical incident requires additional actions.

  • If a person, whether a worker or not, has been critically injured or killed at the workplace, the employer and the constructor (if any), must immediately notify the Ministry of Labour’s Health & Safety Contact Centre, the joint health and safety committee (or health and safety representative) and the union (if there is one). This notice must be by telephone or other direct means.
  • Within 48 hours, the employer must also notify, in writing, a director of the Ministry of Labour, giving the circumstances of the occurrence and any information that may be prescribed.
  • If you have a family member or a worker that has been involved in a fatality or critical incident, call us at 1-800-387-0750, Monday to Friday 7:30 a.m. to 5 p.m. We can provide a Crisis Intervention Counsellor to help employers and workers deal with a fatal accident. We are here to support you.

 

 

Always Report brochure

This brochure provides information on reporting an injury or illness to the WSIB.

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