A WSIB claim usually starts with three reports: one from the worker, one from the employer and one from the health professional. Knowing who files which, and by when, avoids delays in getting benefits.
Who files what
- Worker: tell your supervisor right away, get first aid or medical help, and file the worker's report of injury or illness (Form 6) with WSIB.
- Employer: file the employer's report (Form 7) within three days of learning of an injury that needed health care, or caused lost time or lost earnings, and give the worker a copy.
- Health professional: the doctor, nurse or other provider who treats you files the health professional's report (Form 8), usually within a few days of the first visit.
- Each report can be filed online, by phone or by mail, and WSIB cross-checks them.
Right after an injury
- Get the care you need first, and tell the doctor it happened at work.
- Tell your employer the same day if you can, and ask that it be written down.
- Write down what happened, where, when, who saw it and what you were doing.
- Keep every receipt, medical note and record of missed work.
What the employer must do
- Pay your regular wages for the day of the injury, and keep benefits going as the rules require.
- Report to WSIB on time, and report accurately. Underreporting or discouraging a claim can lead to penalties.
- Co-operate with a safe and timely return to work, with accommodation where needed.
- Employers of a certain size have a duty to re-employ an injured worker who has been with them for at least a year, once the worker is fit to return.
If the employer does not report
You can still file your own claim. A claim can be made even when your employer says it was not work-related, and WSIB decides. The six-month time limit generally runs from the accident, or from when you learned an illness was work-related, so do not wait.
If the claim is denied
You have the right to object, and then to appeal, and the time limits are short. See the guides on WSIB claims and WSIB appeals.
Common questions
My employer asked me not to report the injury. What should I do?
Report it anyway. An employer cannot lawfully pressure a worker not to claim, and reporting protects your right to benefits later.
Do I have to prove it was my employer's fault?
No. WSIB is a no-fault system. The question is whether the injury or illness arose out of and in the course of your work.
Who can help. Licensed paralegals can represent workers and employers in WSIB claims, objections and appeals.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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