Health & Safety/WSIB

Injured at Work?

• Get First Aid if it is a cut or other injury that requires such attention. If you cannot continue working, seek medical attention immediately. If your own doctor is not immediately available, go to the Hospital Emergency Department or a Clinic. Your employer is supposed to provide transportation for immediate medical attention.

• Tell your manager immediately. If your manager is not in the store, tell a co-worker and leave a note for the manager. The manager must fill out a WSIB Employer’s Report.

• Tell the doctor what happened. The doctor will fill out a WSIB Doctor’s Report.

• Follow your doctor’s orders.

• Cooperate with your manager in any effort to get you back to work. If you cannot return to your regular work, your manager may have some other work that does not aggravate your injury. Ask your manager to write down the modified job’s specifications and ask your doctor if you could perform this work without further injury.

• Fill out and return promptly any WSIB forms you are sent. If you have any questions about the form, call the WSIB office in your region. 

• If your disability is work-related (such as a repetitive strain injury), see your doctor for an opinion. If your doctor agrees that your disability could have been caused by your work, have your doctor send a WSIB Doctor’s Report, then tell your manager. The manager should also send in a WSIB Employer’s Report.

• Keep careful notes of everything that happened with regard to your injury, any witnesses to the accident or to your complaints of problems, all medical visits, all conversations with your manager about your problem, and all lost time. This information could be important down the road, if your disability persists.

• If your manager tries to “punish” you for making a WSIB claim by reducing the hours you normally work, you probably have a grievance. Call your Union Representative.

What is WSIB and how does it work?

WSIB stands for Workplace Safety & Insurance Board. It used to be called the Workers Compensation Board. The WSIB is an Ontario government agency. It works like this:

• Employers contribute to a province-wide insurance fund. Contributions (insurance premiums) are based on the employer’s payroll and the accident experience in their industry. Mining companies, for example, pay more than restaurants.

• Injured workers are compensated by the WSIB on a “No Fault” basis. This means that compensation is paid no matter who is at fault, the employer, the employee, or someone else. In return for automatic compensation, the employer is shielded from any other liability. This means you cannot sue your employer for negligence if that negligence causes a work-related injury or disease.

• The employer has the right to contest an employee’s WSIB claim. For example, an employee might have a back injury which he says was caused on the job. The employer may claim that the injury was caused on the hockey rink or in a car accident. In any contested claim where there is a legitimate question of how the injury happened, the injured worker is supposed to be given the benefit of the doubt.

• The main focus of the WSIB system is to get the injured worker back to his or her work as soon as possible. The worker and the employer must cooperate towards this goal. If the injured worker cannot perform his or her regular work, the employer may offer suitable modified work that the worker can perform without aggravating the injury. If the work is in fact suitable, the injured worker must accept it.

• Most WSIB claims are straightforward. The injured worker is paid benefits while recovering from their injury and later returns to his or her regular work. But some cases are complicated and may take time to resolve. Some injured workers are denied WSIB benefits or have their benefits stopped by the WSIB. In these “problem cases,” help is available for injured workers. Contact the Union for assistance and advice.

The WSIB Claims & Appeals Process

It’s hard to imagine being injured at work. Even more difficult is to imagine being incapacitated to the point where you are unable to perform your job.

Unfortunately, workplace injuries, illnesses, and diseases are all too common. The WSIB claims and appeal process exists to give workers the ability to gain financial compensation in the event of a workplace injury, illness, or disease.

If you file a claim and are having difficulty with either your employer or the WSIB, contact your Local 12R24 steward. If you think an accident, injury, illness, or onset of pain is work-related, you must follow these steps:

• Report it to your employer.
• Complete an Employer Incident Report.
• Have the employer complete a Form 7 (Employer’s Report of Injury / Disease).
• Seek medical attention.
• Report your injury to your family doctor and have him or her complete a Form 8 (Physician’s First Report).
• Inform a co-worker or witness.

KEEP COPIES OF ALL DOCUMENTATION!

Maintain your own file of all documents relating to your claim. This includes doctor’s notes, copies of forms, and any correspondence from the WSIB, the employer, or any other involved parties.

Remember:

• WSIB claims must be filed within six months of the initial incident. Claims filed after six months may only be accepted in exceptional cases.
• You have the legal right to report any workplace accident or injury and cannot be told by anyone that you cannot file a claim.
• You have the right to be treated by your own health care professional. This could be your family physician, chiropractor, or dentist. You choose your initial health care professional when you accept treatment or emergency treatment.
• You are not permitted to change to another health care professional without the WSIB’s approval.

Workplace Safety and Insurance Board (WSIB) Appeals Process

All timelines are estimates on how long the average file takes to complete the appeals process. Some may take longer than others at certain stages. Once again, please keep a copy and any relevant detailed notes of all documents relating to your claim.

Denial Letter

To appeal a WSIB decision, you must have a denial letter from the Board indicating that your claim, or part of your claim, has been denied and the reasons for that denial. The last paragraph of the denial letter will indicate a time limit of six months to appeal the decision.

To have a Local 12R24 steward represent you in your appeal, please contact your shop steward as soon as you receive your denial letter. The Local will send you authorization forms to sign and return along with your letter of denial.

Objection

Your steward will inform the WSIB that the Local will represent you in your appeal and request a copy of your file and an objection form.

Your claim file will be sent to the Access Section of the WSIB, where they will copy your claim file and forward it to your steward. It should take between two and four weeks to process and another two to four weeks for the claim to reach your steward.

The Access Section will inform your employer of your appeal and the employer will have the option of participating in the appeals process.

Upon receipt of your WSIB claim file, your steward will review it and complete the objection form. The form is then submitted to your Adjudicator who will review your claim and either reverse their initial decision or send it on to the Appeals Branch. This process can take up to three months.

Appeals Branch

Here, your file is assigned to an Appeals Resolution Officer (ARO). Once it has arrived, you will receive a “60-day decision option form.” Should this form be completed, it allows the WSIB to make a final decision on your claim within 60 days.

This decision would be the last step of the appeals process at the WSIB level. This, however, is NOT the preferred option for appealing decisions.

If this form is NOT submitted, the ARO will contact you and your steward to discuss your file and how best to proceed with the appeal.

There are two options:

1. The ARO will review the entire claim and render a decision. This can include written submissions from your steward and from your employer (if they are participating in the appeal).
2. The ARO will conduct an oral hearing that you and your steward must attend. Your employer, if participating, may also have a representative heard.

Once a decision is made in writing by the ARO through either of the above options, it is the final decision made regarding your claim at the WSIB level.

If your appeal is denied, you may appeal to the WSIB Appeals Tribunal.

Please note: your steward will try to have your appeal processed in a timely fashion, however, due to the backlog of claims at the WSIB, your appeal could take over one year to complete.

Example of your rights to worker’s compensation

You work at The Beer Store for the summer. You earn $15 per hour and work about 20 hours per week. You have another part-time job cutting grass with a landscaping firm and earn $8 per hour for an average of 20 hours per week.

While working in the store one day, you slip on a wet floor and twist your back. You finish your shift but notice the pain and discomfort increasing. You visit your doctor the next day who advises you that you strained the muscles in your back and should not go back to work for at least two weeks.

Are you entitled to WSIB benefits?

Yes. Most employers in this province must have WSIB coverage for all their employees. If an employee suffers an injury or disease as a result of the workplace, that employee is eligible for benefits and services from the WSIB.

How do you apply for these benefits?

After seeking medical attention for a work-related injury or disease, the doctor must send a report to the WSIB, which will initiate a claim and further investigation. You must also advise the employer of your injury and your doctor’s advice. You will be required to complete a form with information regarding the accident.

For what benefits might you be eligible?

Once the claim is allowed you may receive Loss of Earning benefits – the equivalent of 85% of your net pay.

Your payments take into consideration all earnings with all employers – not just the employer where the injury took place. In this case your net pay from both jobs would be added together and you would receive 85 percent of this total.

You may also receive payment for any costs associated with medical treatment, including prescriptions or physiotherapy for example. If the injury does not heal entirely, you may be entitled to other benefits or services from the WSIB.

Is there a time limit on filing for compensation?

Yes. The WSIB specifies that an application be made as soon as possible following the initial incident. It can be no later than six months after the incident.

What if the employer threatens you or tries to talk you out of filing a compensation claim?

It is illegal for an employer not to file a report to the WSIB for any accident involving medical attention of lost time from work. If this happens, contact your union steward.

WSIB Benefits

WSIB benefits vary depending upon the date an injury or illness occurred. The following outlines benefits available to workers who were injured on or after January 1, 1998.

• Wages on Day of Injury are paid by your employer. WSIB coverage begins the first working day after an injury or illness occurred.

• Loss of Earning (LOE) Benefits are 85 percent of your net earnings. These are paid directly to you by the WSIB and begin from the day after your injury until you are no longer impaired or you no longer suffer a wage loss (or you are deemed to no longer suffer a wage loss).

• LOE Benefits may be received for up to two years after an accident or until you are 65, whichever comes first.

• A Non Economic Loss (NEL) Award is meant to compensate an injured worker for more than lost wages. It compensates for pain and suffering. The Award’s amount is based on a medical examination by a doctor who is not employed by WSIB. Smaller NEL Awards are paid as lump sums while larger Awards are paid monthly unless the injured worker chooses to be paid in a lump sum.

• Health Care that is necessary and appropriate as a result of the injury is paid for by WSIB. This could include physiotherapy, prescription drugs, crutches, etc. For serious injuries this could include a personal attendant, modifications to the home, or other measures designed to improve quality of life.

• Your employer must continue to make contributions to your regular employment benefit plans (health care, dental, and pension, for example) for the first year that is lost due to an injury. After that year, these benefits can be continued if you decide to pay for them.

• Retirement Benefits are available to an injured worker who was under 64 years of age at the time of injury and who has received LOE benefits for more than 12 consecutive months. These benefits may begin at age 65.

If you have an accident or work-related disability

• Get First Aid if it is a cut or other injury that requires such attention. If you cannot continue working, seek medical attention immediately. If your own doctor is not immediately available, go to the Hospital Emergency Department or a Clinic. Your employer is supposed to provide transportation for immediate medical attention.

• Tell your manager immediately. If your manager is not in the store, tell a co-worker and leave a note for the manager. The manager must fill out a WSIB Employer’s Report.

• Tell the doctor you see what happened. The doctor will fill out a WSIB Doctor’s Report.

• Follow your doctor’s orders.

• Cooperate with your manager in any effort to get you back to work. If you cannot return to your regular work, your manager may have some other work that does not aggravate your injury. Ask your manager to write down the modified job’s specifications and ask your doctor if you could perform this work without further injury.

• Fill out and return promptly any WSIB forms you are sent. If you have any questions about the form, call the WSIB office in your region. See the Blue Pages in your telephone book.

• If your disability is work-related (such as a repetitive strain injury), see your doctor for an opinion. If your doctor aggress that your disability could have been caused by your work, have your doctor send a WSIB Doctor’s Report, then tell your manager. The manager should also send in a WSIB Employer’s Report.

• Keep careful notes of everything that happened with regard to your injury, any witnesses to the accident or to your complaints of problems, all medical visits, all conversations with your manager about your problem and all lost time. This information could be important down the road, if your disability persists.

• If your manager tries to “punish” you for making a WSIB claim by reducing the hours you normally work, you probably have a grievance. Call your Union Representative.

WSIB FAQ

I’m a Temp. Am I covered by the WSIB?

Yes. Your employment status does not matter. You are covered from the very first minute on the job.

If I have an accident early in my shift and can’t continue working, do I lose that day’s pay?

No. Your employer must pay you for the balance of your scheduled shift.

What if my manager doesn’t want me to make a WSIB claim? What should I do?

Seek medical attention, regardless of what your manager says. Then call the WSIB and explain what happened. After that, call your Union Representative. The Union will complain to senior management about any attempts to prevent injured workers from making a legitimate WSIB claim.

I didn’t have an accident as such, but my shoulder is hurting a lot and it could only be because of my work. Do I have a WSIB claim?

Yes, but because the injury is not the result of a specific “accident,” the WSIB may conduct an investigation of your claim. This is routine and you should not be worried about it. However, it will delay your benefits. In many such cases, benefits can be delayed for several weeks.

The best idea is to seek medical attention as soon as you feel a physical problem that may be related to your work, before it becomes a full-blown disability. Ask your doctor to submit a WSIB Doctor’s Report. Then call the WSIB and explain the situation. Follow their instructions.

I got hurt because of a fellow worker’s negligence. Can I sue him?

No. WSIB is “No Fault” insurance. Even if the accident was due to your own negligence, you still get compensation. The only possible exception is if your injury happened as a result of reckless “horseplay” that was so far outside the scope of your work that you should have known better. Denial of benefits for this reason is rare, but it has happened.

I was injured in a car accident on my way to work. Am I covered by WSIB?

No. However, if you are a truck driver and you are in an accident while on the job, you are covered.

I slipped on some ice just outside the store while I was leaving for the day. Am I covered?

You may be, if you were injured on premises under your employer’s control. Call the WSIB (after you seek medical attention.)

My doctor said I should take four weeks off with physiotherapy, but I feel well enough to go back to work after two weeks, and my manager is bugging me to return. What should I do?

You should follow your doctor’s orders, but remember that your doctor is not all-knowing with respect to your body. If you feel you can return to work, ask your doctor. But do not bow to your manager’s pressure to return to work before you are physically able to do the job without risk of aggravating your injury. No one wins if you do that, least of all you.

My manager says he has “modified work” for me. What should I do?

You must cooperate in any efforts to return you to work, even if it is not your regular job. The normal procedure is this:

1. The employer writes down the specific duties of the modified work, including how much lifting, carrying, standing, sitting, and other effort will be required, including how many hours per shift and how many shifts per week.
2. Your doctor and you decide whether or not the modified work is suitable for you.
3. In cases of dispute about the suitability of the modified work, the WSIB may become involved. You may be asked to try out the work for a day or two or see another doctor for an opinion. You should fully cooperate but you are not obliged to do anything that injures you or aggravates your injury.

Wouldn’t it sometimes be better to ignore a work injury if it’s not really serious and thereby avoid all the potential hassle?

That would be risky. Sometimes a seemingly small or very temporary injury turns out to be more serious. Back pains and other Repetitive Strain Injuries, such as tendonitis and carpal tunnel syndrome do not get better without rest and treatment. And if you continue to aggravate them, they could become so disabling that you are simply unable to continue working. The best advice is to seek medical attention first and call the WSIB. You are not legally required to put in a claim for a work-related injury but if you don’t and your injury later disables you, you could prejudice your chances for compensation that could be rightfully yours.

It’s been two weeks since I’ve been off work and I still haven’t received anything from the WSIB. What should I do?

Contact the WSIB office in your region. Do not ask the Union for assistance at this stage. The WSIB will normally not talk to anyone other than the injured worker without written permission, so a call by the Union would only further delay things. Be patient, polite, and persistent. Keep notes of all your conversations with the WSIB.

Have a question that isn’t answered on this site?

Visit www.wsib.on.ca

The Right to Refuse Unsafe Work

When can a worker refuse to work?

A worker can refuse to work if he or she has reason to believe that one or more of the following is true:

• Any machine, equipment, or tool that the worker is using or is told to use is likely to endanger himself or herself or another worker.
• The physical condition of the workplace or workstation is likely to endanger the worker.
• Any machine, equipment, or tool that the worker is using, or the physical condition of the workplace, contravenes the Act or regulations and is likely to endanger himself or herself or another worker.

What happens when a worker refuses unsafe work?

The worker must immediately tell the supervisor or employer that the work is being refused and explain why. (In Retail Stores, this would be the Manager or the Acting Manager.)

The supervisor or employer must investigate the situation immediately, in the presence of the worker and one of the following persons:

• A joint health & safety committee member who represents workers, if there is one. If possible, this should be a certified member; or
• A health and safety representative, in workplaces where there is no joint committee; or
• Another worker, who, because of knowledge, experience, and training, has been chosen by the workers (or by the union) to represent them.
• The refusing worker must remain in a safe place near the workstation until the investigation is completed. This interval is known as the “first stage” of a work refusal. If the situation is resolved at this point, the worker will return to work.

What if the refusing worker is not satisfied with the result of the investigation?

The worker can continue to refuse the work if he or she has reasonable grounds for believing that the work continues to be unsafe. At this point, the “second stage” of a work refusal begins.

“Reasonable grounds” for continuing to refuse means that the worker has some objective information that makes him or her believe the work is still unsafe. The worker does not have to be correct in his or her knowledge or belief. For example: the refusing worker may have been told by other workers who have used a lift truck that the brakes sometimes fail.

What happens if a worker continues to refuse to work?

The worker, the employer, or someone acting on behalf of either the worker or employer must notify a Ministry of Labour inspector. The inspector may come to the workplace to investigate the refusal or conduct an investigation over the telephone by consulting with the worker and the employer (or a representative of the employer). If there is a worker committee member, a worker health and safety representative or a worker selected by the worker’s trade union or, if there is no trade union, by the workers to represent the worker, they will also be consulted as part of the inspector’s investigation.

While waiting for the inspector’s investigation to be completed, the worker must remain in a safe place near the workstation, unless the employer assigns some other reasonable work during normal working hours. If no such work exists, the employer can give other directions to the worker. If the worker is covered by a collective agreement, any provision in it that covers this situation will apply.

The inspector must decide whether the work is likely to endanger the worker or another person. The inspector’s decision must be given, in writing, to the worker, the employer, and the worker representative, if there is one. If the inspector finds that the work is not likely to endanger anyone, the refusing worker is expected to return to work.

Can another worker be asked to do the work that was refused?

Yes. While waiting for the inspector to investigate and give a decision on the refusal, the employer or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a committee member who represents workers, or a health and safety representative, or a worker representative chosen because of knowledge, experience, and training.

The second worker has the same right to refuse as the first worker.

Is a worker paid while refusing to work?

The Ontario Labour Relations Board (OLRB) has ruled that a refusing worker is considered to be at work during the first stage of a work refusal and is entitled to be paid at his or her appropriate rate.

A person acting as a worker representative during a work refusal is paid at either the regular or the premium rate, whichever is applicable.

Can an employer discipline a worker for refusing to work?

No. A worker has the duty to work in accordance with the Act and the regulations and has the right to seek their enforcement. The employer is not allowed to penalize, dismiss, discipline, suspend, or threaten to do any of these things to a worker who has obeyed the law. This also applies if a worker has given evidence at an inquest or a prosecution under the Act or the regulations.

However, this provision does not apply if the work refusal was made in bad faith, or if the worker continues to refuse after the Ministry of Labour inspector finds that the work is not likely to endanger the worker.

What can a worker do if disciplined?

Beer Store workers should immediately contact their Union Representative if they are disciplined or threatened in any way for exercising their rights under the Occupational Health and Safety Act. The union will act immediately on complaints.

The above Q&A was taken from A Guide to the Occupational Health and Safety Act published by the Ontario Ministry of Labour.

Other online resources:

Workers’ Health and Safety Centre

Ontario Ministry of Labour

Prevent Heat Stress!

During the summer, the hot temperatures outside mean increased health risks for workers due to heat stress.

Here are some other useful links that can help you learn about the dangers of heat exposure and how to prevent it:

Ontario Government Health and Safety Guidelines for Heat Stress

Working in Extreme Hot or Cold Temperature Conditions

Working in Hot Environments – Control Measures

Working in Hot Environments – Health Effects

Heat Stress Standards and Tips from the Occupational Safety and Health Administration, U.S.

Ultraviolet Radiation in the Workplace

Article sourced at The Workplace Safety and Insurance Board (WSIB)

Provincial Joint Health and Safety Committee

The Provincial Joint Health and Safety Committee (PJHSC) is dedicated to assisting with health and safety issues across the province.

The Provincial Joint Health and Safety Committee Members are:

Union committee members
Kevin Williams Co-Chair
Rob Soule committee member
Mandy Johnson-Smees committee member

Company committee members
Jeff Wilcox Co-chair
Vince Mattia committee member
Mike Giordano committee member

The Occupational Health and Safety Act (OHSA) reinforces the Internal Responsibility System (IRS). Essentially, the IRS means that we have a process in place for identifying health and safety issues and more importantly, getting those issues resolved. Issues are raised to the manager or supervisor and are dealt with where possible. If issues cannot be dealt with at that level, the issue is then raised to the DC Manager or District Manager.

For issues that remain unresolved or are systemic across the province, we would ask that you engage the Provincial Joint Health and Safety Committee. The PJHSC will not overstep the IRS. That said, the PJHSC requires information around the issue and the steps that were taken. This must happen prior to engaging the PJHSC. To make contacting the committee easier, we have created a PJHSC email address.

Email Address:

This is a joint communication from the Provincial Joint Health and Safety Committee working toward everyone’s safety and well-being.

• Report ALL work-related injuries to your manager / supervisor immediately!
• Advise a Union Representative of your injury as well.
• Keep photocopies of all correspondence.
• Keep journals of all phone conversations including dates, times, and to whom you were talking.

Remember your medical information is confidential and is not required to be shared with the employer. If in doubt, ask a Union Representative.