Workplace accidents can include everything from a slip and fall in the company break room to a construction accident involving heavy, dangerous machinery. Ontario’s Ministry of Labour sets various rules and regulations to protect workers in the event of workplace injuries and accidents while on the job.
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Below are a few of your rights as defined by the Occupational Health and Safety Act:
- The right to know about hazards. Your employer, company or supervisor must alert you to any aspects of your job that pose a health or safety risk. The person in charge must ensure you have all the information you need in order to complete your role safely.
- The right to participate. You have the right to engage in any safety training or education that would make your job safer.
- The right to refuse. You have the option to refrain from doing any task you feel is unsafe or places your life and health in jeopardy. You are obligated to inform your supervisor of the safety issue – if it is not remedied you have right to refuse without reprimand.
Many employers in Ontario carry accident coverage through the province’s Workplace Safety and Insurance Board (WSIB). This coverage entitles you to some benefits in the event of an on-the-job accident, injury or illness. It also carries some responsibilities – fulfilling these obligations is important in securing your own rights.
Filing a WSIB Claim after an On-the-Job Injury
You must file a WSIB claim as soon as you are able after an accident. Your supervisor must complete and file a Form 7 claim if you lose wages or require medical treatment for your injuries.
You have the right to choose your own health care provider, but you cannot switch doctors without prior approval from the WSIB. Your doctor will be required to complete and file a Form 8 for the WSIB – be certain he or she knows your injury or illness is work-related.
The WSIB will review your claim for coverage and benefits. You can aid the process by completing and filing all paperwork in a timely manner and by following all instructions for your medical care. You have the right to appeal any denial from the WSIB.
Your Rights to Benefits after a Work Injury
You may have the right to seek certain benefits in a WSIB claim. Some of those benefits may include:
- loss of earnings;
- non-economic loss;
- loss of retirement income;
- future economic loss;
- health care benefits; and
- health care equipment and supplies.
Have you recently suffered a serious injury? Contact the Preszler Law Firm to schedule a free case evaluation. Call 1-800-JUSTICE® or complete this confidential online form.There may be additional benefits available in the event of catastrophic injury or for families who have lost a loved one in a workplace accident. Note that the WSIB may threaten to suspend or reduce your benefits if it believes you are “uncooperative.” Uncooperative behavior may include refusal of health exams or participation in return-to-work programs.