3 years ago

WSIB - Ontario Nurses' Association

WSIB - Ontario Nurses' Association

Workers must also

Workers must also consent to disclose their functional abilities information,which is provided by the treating health professional. If you wait too long tofile a claim, it will be difficult to win your case if denied by the WSIB. TheWSIB may extend the six-month deadline or waive the dual requirementsaltogether if, in WSIB’s opinion, it is just to do so.3. Employer’s Report of Injury/Disease (Form 7):Always notify your employer of any injury/illness/disablement/exposureimmediately and ask your employer to complete a WSIB Form 7.• Your employer’s incident form is not the correct form you need to officiallyreport an injury/illness/disablement/exposure to WSIB.• The official form your employer must complete to report your injury/illness/disablement/exposureto WSIB is called a Form 7. Your employer mustfill out and submit this particular form to meet their legal reporting obligations.The employer must provide the worker with a copy of the Form 7.4. WSIB policy states employers can be fined for failing to provide a copyof the Form 7 to the worker. Because failing to comply is also a provincialoffence, employers may be prosecuted.5. Employer’s Incident/Accident/Unusual Occurrence form:Also complete your employer’s incident form.• Make sure you identify all body parts that were injured and/or even bruisedor affected in any way by the injury or work you performed. Rushing to fillout this form is not advised. Be very specific about each and every detail. Incompleteforms can cause discrepancies and bring about issues of credibility.6. Write the WSIB a separate letter about any errors or omissions on theemployer’s completed WSIB Form 7.• Check the form to ensure dates are recorded correctly. Ensure the employerhas accurately reported the cause of the accident and body parts affected.Are witnesses to the accident reflected on the form and has the employerput down your correct hourly rate and average weekly hours?7. If your employer refuses to complete a Form 7, notify WSIB and completethe Worker’s Report of Injury/Disease (Form 6).8. Worker’s Report of Injury/Disease (Form 6)To officially claim for WSIB benefits a Form 6 must be completed, signedand sent to WSIB. You can initiate a claim for WSIB by writing to WSIB3

explaining the details of your accident, including the name of your employer,and request a copy of Form 6. If you have access to the internet, download acopy from Complete, sign and send your Form 6 to WSIB.You must also provide a copy to your employer. Ensure Form 6 is clear andcomplete, and contains no errors or omissions. Make sure to write aboutevery ache and pain and body part affected by your work or by the injury, andwhat may have contributed to the injury or actually caused the injury.9. A claim for a recurrence must be filed within 10 days of the onset. Toclaim for a recurrence, the worker must complete Form REO6 – Worker’sContinuity Report. We recommend filing immediately with WSIB, your employerand your doctor (health professional).10. Workers meet their requirement to consent to disclose functional abilitiesinformation by signing Form 6 or a Functional Abilities Form (FAF), orin the case of a recurrence, by signing Form REO6. WSIB forms are availableat The FAF may also be available from employers. Ifyour employer provides you with an FAF, you must submit it to your healthprofessional to complete.11. Your employer must report all injuries to WSIB if you require healthcare and/or:• Are absent from regular work.• Earn less than regular pay for regular work (e.g. part-time hours).• Require modified work at less than regular pay.• Require modified work at regular pay for more than seven calendar daysfollowing the date of your accident.• WSIB policies state they must receive your employer’s completed accidentreport (Form 7) within seven business days of your employer learning ofthe reporting obligation, however, Section 21 of the Workplace Safety andInsurance Act (WSIA) states “notify the Board within three days of learningof an accident…” (Business days are Monday to Friday, and do notinclude statutory holidays).12. Your employer must fill out Form 7, even if they don’t think your workis the cause of your injury/illness/disablement/exposure.• Your employer may try to convince you that your injury/illness/disablement/exposure is not a workers’ compensation claim, and you should insteadreceive benefits under your sickness and accident plan, i.e. short-termdisability (STD). Explain to your employer it is WSIB’s job, not theirs, todecide if your work is responsible for your injury.4

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