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Home > Resources > Legal > Influenza A H1N1 FAQ
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    Influenza A H1N1 questions and answers


    1. How does the WSIB determine whether a claim for H1N1 influenza is a work-related illness?

    Four conditions must be met in order for the claim to be allowed:

    • It must be established that influenza was present during the course of employment, AND,
    • The worker had the opportunity for likely exposure to the illness during the course of employment, AND,
    • The symptoms, date of exposure and the onset of illness are clinically compatible with an H1N1 infection. A medical diagnosis based on test results is ideal, but not essential to make this determination, AND
    • The influenza is determined to be work-related. During flu season, the prevalence of influenza (both seasonal and H1N1) is high throughout the community. Therefore, exceptional circumstances at work, such as an outbreak or exposure to concentrated culture, will generally be needed to conclude the influenza is work-related. When outbreaks are occurring with similar frequency in many occupational and non-occupational sectors, work-related circumstances are unlikely to be considered exceptional.

    2. I have been in close contact at work with co-workers who have H1N1. Am I entitled to benefits provided by the Workplace Safety & Insurance Board (WSIB)?
    H1N1 is a community illness. Most instances of H1N1 are not work-related. During a time of pandemic, influenza such as H1N1 can be caused due to exposure at home, or in the community. It may be difficult to establish a link to the workplace when the illness is prevalent in the community.

    3. I work in the Health Care sector and I am exposed to patients with H1N1. If I have H1N1 influenza is it is considered to be a workplace illness?
    We are currently in flu season and the prevalence in the community is high. There is limited evidence at this time to suggest that specific occupations or sectors are at significantly higher risk of contracting H1N1 influenza; however, all claims for H1N1 will be adjudicated on a case-by-case basis, taking into account the merits of each individual claim.

    4. Are workers who are quarantined or sent home from work due to an outbreak of H1N1 in the workplace entitled to WSIB benefits?
    The Workplace Safety and Insurance Act (WSIA) does not provide coverage for workers who have no injury/illness and are symptom free, even when quarantined or sent home on a precautionary basis.

    5. Where can I find further information about H1N1
    If you require health related information about H1N1 please refer to the Ministry of Health website.

    If you require information regarding workplace issues and H1N1, you can consult the Ministry of Labour website.

    For inquiries about your claim, please contact your occupational disease adjudicator at the number that is provided on your claim registration letter.
    For inquiries directly related to WSIB adjudication of H1N1 claims, please contact: Occupational Disease Policy & Research (ODPR) at 416-344-4440 / 1-800-387-0080, ext. 4440, or by e-mail to modpb@wsib.on.ca.


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