Hello and welcome back to Goodman Elbassiouni LLP’s blog series on everything you might need to know about the Workplace Safety and Insurance Board, otherwise known as the WSIB. Previously, we discussed what you, the person who became ill or injured in your workplace, needed to do as the claimant to file your application, including how you should fill out your Form 6 for the WSIB. However, after a workplace incident, you are not the only person who has to file a claim with the Board – your employer and physician will have to fill out forms as well!
For this reason, we have decided to dedicate this week’s blog to just that – what you should expect from your employer and physician and what information you need to give them to help them file their claims accurately.
What Information Does Your Doctor Have to Provide to the WSIB?
Let’s start off with your doctor. For the purposes of this article, we are going to discuss the scenarios as if you were physically injured in a workplace accident; however, if you weren’t injured and became sick instead, you would still follow roughly the same process. The only difference is that you might not have known to visit your doctor until a later time.
If you became ill as a result of the conditions of your working environment, your time frame (and your employer’s/physician’s) to file a claim with the WSIB begins as soon as your doctor informs you that your ailments are a result of your working conditions.
When you first visit the doctor to receive medical care for your workplace accident, you should inform him or her of the events that led to you getting hurt, as well as what parts of your body were injured. Tell them about your job and your work duties to give them an accurate understanding of what occurred, as they may not know what your job or work environment entails.
You should ask your doctor to write down everything you tell them so that they can refer to their notes when filling out your WSIB application. They will need to fill out a ‘Form 8‘ with the WSIB and will need all the information you provide to create an accurate account of the incident. They cannot just write that your injuries were work-related; they need to actually describe what your injuries are and why they are related to your workplace.
Your physician will likely already have a copy of the form in their office; however, if they do not, politely advise them that they can get a copy from the WSIB’s website.
What Does Your Employer Have to Do After a Workplace Accident?
Your employer will need to file a ‘Form 7‘ with the WSIB within 3 working days of learning about the incident. This is one reason why you should inform them of your accident immediately after it occurs. If they fail to do so, the WSIB will still contact them for a form shortly after you file your claim.
The information your employer includes in this form will give you an idea of whether or not they plan to fight your claim, and roughly the sum of money you may receive in benefits. By law, you are entitled to a copy of this form, so thoroughly check through it to ensure that the information your boss has included is accurate. Write a letter to the board if you find anything amiss or if it is missing any key details. It is important to be aware that employers also have reporting obligations for workers who return to work at a limited or modified capacity due to their injuries.
Speak With a Lawyer About the WSIB Application Process Today
We know that it might sound biased coming from a law firm, but it really is in your best interest to seek legal counsel for your WSIB claim. There are a lot of seemingly minor details that may seem immaterial at the time, but could actually make or break your case.
Contact Goodman Elbassiouni LLP today to see how we can help you receive favourable results in your workers’ compensation claim. You can schedule a free consultation online or call us at 905-265-1005 now.