The most important thing is to immediately report the incident to your employer and the WSIB and get medical treatment as soon as possible.
There are strict time limits for filing a claim with the WSIB and the longer you delay, the more likely you will be denied WSIB benefits. According to WSIB policies and the Workplace Safety and Insurance Act you must report an injury as soon as possible or at the latest within 6 months. Otherwise, you lose your right to make a claim for WSIB benefits.
You can report your injury or illness to WSIB using what is known as a Form 6.
Click here for a copy of the form. Full instructions for filing your claim can be found here. When you report the injury or illness to your employer, they are supposed to file a corresponding report, known as a Form 7. At the same, time, your doctor or treating health professional will file a Form 8, known as a Health Professional’s Report. These are all important documents and form the first steps of your claim. However, it is vital that you file the Form 6 as soon as possible and definitely within 6 months of your injury or the diagnosis of your illness.
Here’s a quick checklist of what you should do in the event of an injury at work or if you receive a diagnosis of an illness that you or your doctor believe may be related to your work.
Steps you should take following an injury:
- Report the injury to your employer even if you think you may get better with time.
- Get immediate medical treatment and report it as a WSIB injury at the emergency room, walk-in clinic, your family doctor or other health care provider.
- Obtain the name, addresses and phone numbers of any witnesses in the case of an accident or injury.
- Report the Injury to the WSIB by completing a Form 6. You can now do this online.
- Keep a journal of all your symptoms, medical appointments, tests and surgeries.
- Maintain a list of all the medication you are prescribed by your health care provider.
- Keep in contact with your employer regarding modified duties or a potential return to work. You have a duty to cooperate with any efforts that your employer makes to provide you with modified work.
- If your employer doesn’t have modified work, look for other work that fits your restrictions and skills and keep a list of your efforts.
- Keep in contact with the WSIB and cooperate with any steps they take to obtain medical examinations or records or to arrange modified work.
- Keep a record of the conversations you have with your employer and the WSIB about your injury or illness. Don’t record conversations or phone calls – write down what was said instead.
- Note the date on any decision letters you get from WSIB – you only have 30 days to appeal decisions about Return to Work issues and 6 months to appeal all other decisions.
- If you are denied benefits, contact us immediately.
Feeling down after your accident?
You might be entitled to more from WSIB.
Have you been feeling down or anxious since your accident? Struggling with low self-esteem or increased anger? Experiencing nightmares or recurrent thoughts about the incident? Maybe you’ve become homebound or even had thoughts of suicide? It’s crucial to report these symptoms to your doctor and seek treatment.
If you’re experiencing these changes in mood or psychological health, you might qualify for additional benefits from the Workplace Safety and Insurance Board (WSIB) under its Psychotraumatic Disability Policy. This policy recognizes that some workers suffer significant psychological impacts due to their injuries. Unfortunately, many workers don’t seek treatment or discuss these issues with their family doctor due to the stigma of being labeled “mentally ill.”
Often, the psychological reaction to an injury is intertwined with the physical injury. As long as the worker suffers physically, they may continue to feel depressed or anxious about their future. These two aspects often work hand-in-hand, making recovery more challenging.
According to WSIB policy, the condition must manifest within five years of the original injury or the last surgical intervention related to it. Benefits may be payable if it’s evident that a diagnosis of psychotraumatic disability/impairment is related to a work-related injury. Entitlement may also be granted if the psychotraumatic disablement is an indirect result of the physical injury or due to extended disablement and non-medical, socio-economic factors directly related to the work injury.
If the condition is found to be permanent, you could be entitled to a non-economic loss award. This can impact your ability to work and your work transition plan. It’s important to discuss these matters with your family doctor, lawyer, and the WSIB, as these issues can affect the resulting decisions and benefits.
We have extensive experience in assisting our clients in claims for psychotraumatic disability. These can be difficult claims to navigate, in part due to the effect that the psychological impacts of your injury may have on your ability to conduct and manage your life as you normally would. Let us help you navigate this difficult situation and advise you on your options.