Each Canadian province runs its own board or commission regarding workplace safety. If you have been injured on the job in Ontario, you will need to apply for workers’ compensation through the Ontario Workplace Safety and Insurance Board (WSIB). After an injury at work, there are several important steps you must take and decisions you must make in order to protect your rights to compensation.
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Your Responsibilities After an Injury
If you are injured while performing your job, you first should seek medical attention. Make sure to keep the records of any treatment you receive and any diagnosis you are given. You also must inform your supervisor or your employer of your injury or illness as soon as possible.
Filing a Claim
You may make a claim for benefits after a workplace accident or illness if you:
- have received medical care;
- lost wages or pay as a result of missing work after the injury;
- were required to work fewer hours as a result of your injury; or
- had to do different work for more than seven days as a result of your injury.
If one of these conditions applies to you, you can fill out a Worker’s Report of Injury/Disease, also known as a Form 6. This form lets the WSIB know of your injury and is the first step in receiving benefits. This form must be filed with the WSIB within six months of the date of your injury, or you will lose your right to benefits.
You also must consent to the release of non-medical information to your employer. This information will inform your employer of your medical limitations, such as what type of work you can or cannot perform.
After this form is received, the WSIB will analyze your injury, work history and future potential for work. You could receive benefits for the wages you lost while you were injured, the wages you could lose in the future as a result of your injury or any non-economic losses you suffered because of your injury.
Your Obligations after Filing a Claim
After you file a claim for benefits, you have an obligation to report any significant change in circumstances to the WSIB.
Significant changes that must be reported to the WSIB are:
- beginning work;
- receiving additional income or government benefits; and
- changes in your medical condition.
If you fail to report these changes in a timely manner, you could lose your right to receive workers’ compensation payments.
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Other Considerations when Filing a Claim
If your workplace injury was caused by a third party, meaning a person or entity that is not a coworker or a similar non schedule or different schedule employer, you must decide if you wish to file a claim for benefits or file a lawsuit against the third party. You cannot do both.
Accordingly, consult a lawyer regarding your options after you have been injured in a workplace accident. The Preszler Law Firm helps employees dealing with workplace injuries and can advise you on the best course of action. Call 1-800-JUSTICE® to speak with an Ontario lawyer about your claim today.