What is WSIB and are we covered by it?
WSIB, also known as the Workplace Safety and Insurance Board, is an entity that arose as a result of the work done by William Ralph Meredith. It has also been known to be referred to as the “Great Compromise” or “Historic Compromise” since it was a solution whereby employees gave up their rights but in return, they got guaranteed protection from loss of income, regardless of fault. And today, federal public servants working in Ontario are covered by WSIB. So that means if you suffer an injury, you could be compensated by WSIB.
What types of injuries are compensable under WSIB?
If one suffers a work-related personal injury arising out of and in the course of employment, then you can potentially be compensated. What is important to know is what “course of employment” really means. This is defined within Policy 15-02-02. The Course of Employment is defined by place, time and activity.
Place:
- Your home office
- Work office (5 Via Renzo) INCLUDING THE PARKING LOT!!!
- While travelling to and from a monitor/investigation site (including your coffee runs)
- Monitor/Investigation site
Time:
- Your scheduled shift (e.g. 8am to 4pm)
- Reasonable time before AND after your shift
Activity:
- Typing at your desk
- Eating lunch
- Drinking/grabbing a coffee
- Taking a work-related phone call
- Doing interviews with employers and organizations
Accident is also defined within Policy 15-02-01 as:
- a willful and intentional act, not being the act of the worker
- a chance event occasioned by a physical or natural cause, and
- a disablement arising out of and in the course of employment.
Sudden vs Gradual Injury
A lot of people when they think about an accident, they think of traumatic events like a broken arm but under this definition of accident it also includes injuries and/or conditions that emerges gradually over time. So if sitting in that chair for 7 hours each day for 4 years has led to a back injury, that can be compensable but you would need to showcase that work is a significant contributing factor to the gradual injury, not THE significant contributing factor. For gradual injuries, please ensure that you are in regular communication with your physician to show continuity of care and this may be vital in a potential future WSIB claim. If you also have issues in the workplace, also report them to your Health and Safety Representative and ensure that it gets documented to help support a claim or an appeal.
Pre-existing condition
Now you must be wondering, if I had a pre-existing back condition but work has made my back injury worst, can you still get compensated by WSIB? YES! YOU! CAN! Pre-existing conditions do not prevent you from getting compensated by WSIB but you may need to show how work made the injury worst or aggravated your condition but it can be compensable.
Types of Claims that are compensable under WSIB
There are other types of claims that most people are unaware that can actually be compensated under WSIB such as:
getting a communicable disease from work, like COVID-19 Policy 15-03-15
Chronic Mental Stress Policy 15-03-14
Traumatic Mental Stress Policy 15-03-02
Just remember, if you suffered an injury at the office, in the parking lot, at home or even while grabbing your timmies, you could get compensated under WSIB regardless if there was a time-loss element involved or not. Just remember to REPORT all injuries to the employer as soon as possible and seek medical attention for traumatic injuries. For gradual onset injuries, you should advise your manager and WSIB as soon as you learn that the injury is casually related to the workplace. Ensure that you fil out Form 6 and your employer fills out Forms 7 and that a lab 1070 gets filed at work. Ensure that your doctor files a Form 8 and that they say the injury was due to work.