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 from your workplace, needed to do as the claimant and how you should fill out your form 6 for the WSIB. However, after a workplace incident, you are not the only person that 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. 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 except that you might not have known to visit your doctor until a later time frame. 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 occurred which caused you to get hurt and 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. Ask your doctor to write down everything you tell him or her so that they can refer to their notes when filling out the form. 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.
Meanwhile, your employer will need to file a ‘Form 7‘ with the WSIB within 3 working days of learning about the incident, which is one of the reasons as to 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.
We know that it might sound biased coming from us, a law firm, but it really is in your best interest to seek legal counsel for your claim. There are a lot of seemingly minor details that may seem immaterial at the time, but could actually make or break your case. Stop by our offices today to see how we can ensure you receive favourable results in your workers compensation claim.
