WSIB Advice: What Should You Do If You’re Injured at Work?

Electrocution; car accidents; being hit by falling objects; and slips, trips and falls are some of the most common causes of workplace injury. They can devastate victims and their families, especially if the injuries are permanent.

Apart from the physical and emotional trauma, financial troubles will also make life difficult, especially if the injured party is the family’s sole breadwinner.

However, all is not lost. Employees injured at work can claim for Workplace Safety & Insurance Board (WSIB) benefits. To that end our WSIB lawyers in Mississauga have come up with this guide to inform you about your rights and what you should do if you’re injured on the job.

How to Assess and Make Claims When Injured at Work

Injuries incurred at your workplace, irrespective of their severity, should always be handled seriously.  The following steps help prevent financial, emotional and physical setbacks after any minor or major injury.

• Get Medical Help

Seeking medical attention is mandatory. Here are the first things to do after your injured.

• Seek first aid at the earliest, be it from your coworkers or any special facility within the office premises. This is essential to prevent severe infections as well as to ensure there are witnesses to your injuries. Also, when an injury happens within the office, it is the employer’s responsibility to get first aid for you.
• Consult the medical practitioner providing first aid about the need for further medical assistance. As per the employer’s insurance plan, you are entitled to different medical facilities.
• Do not delay in getting reports and documents assessing the injury as you have only six months from the incident to claim benefits.
• Maintain clarity about every detail regarding the incident while letting the doctor know how the injury happened as it affects the reports being prepared.
• This report must later be sent to the WSIB.

• Report the Injury to Your Supervisor

Many employers have rules to follow to get compensation. That’s why informing your supervisor is necessary. Even if your injuries are minor, telling your boss about the incident will help them implement new safety measures to prevent an injury from happening to you or someone else in the future.

• Know Your Rights

It’s important to know about WSIB employee rights in order to get the benefits you deserve. Although workers’ compensation laws vary from province to province, generally you have the following rights if you are injured on the job:

• You have the right to file a claim for your illness or injury with the worker’s compensation court or the province’s industrial court.
• You have the right to some type of disability compensation if you are unable to return to work
• You have the right to appeal if you disagree with the decision of your employer, their insurance company, or the worker’s compensation court
• You are entitled to reimbursements like treatment costs, lost income, housekeeping costs, property loss and also loss of care and companionship for family members.
• According to the Canadian Tort Law, everyone has to maintain a duty of care towards each other and hence it is the business owner or employer’s duty to maintain standard safety measures within the office premises. Workplaces with more than 20 employees should have a joint health and safety committee.
• Also, the employer can offer you alternate work options that accommodate your injury. This is provided the injury is not extremely severe and you are still able to travel to the office.

• Types of workplace accident claims

You should also have a basic understanding of the type of claim you are eligible for.

• Personal injury at the workplace is the most common claim for which lawyers are consulted by employees. Hands and lower-back injuries are most common in office and retail environments. If you have such injuries, they should be treated immediately as they can show serious symptoms eventually.
• Another common complaint is about slip and fall which is caused by a lack of maintenance of the office premises.
• Emotional distress is also considered a personal workplace injury if caused by your employer or co-workers, but you cannot make any claim in this situation.
• Lastly, injury caused by malfunctioning equipment or assault between co-workers are also considered workplace accidents.

• Make a Worker’s Compensation Claim

The next step is to make a claim. You can hire a WSIB lawyer in Mississauga to get proper guidance throughout the procedure:

• Workers’ compensation will cover some but not necessarily all your lost wages and medical expenses. There is no monetary limit on the coverage you can receive, and you can claim money for doctor visits, care, prescriptions, travel, etc.
• However, to make the claim you should fill out the Worker’s Report of Injury/Disease (Form 6) within six months of your accident or injury.
• Within seven days from the date of your report, you will get a letter from WSIB mentioning a claim number and your case manager.
• Make sure you keep these details safe as the WSIB will ask for your claim number whenever you contact them about your claim.

• Keep Notes of What Happened

Keeping a record of the dates and conversation that followed after the injury is important as these documentations will have future evidentiary value in case your claim is rejected:

• Maintain a detailed record of the accident, including when and where it happened and the names of witnesses. Every time you talk to someone at the WSIB regarding your claim, they’ll make notes about the conversation.
• It’s also advisable to note the date and time of calls you make to the WSIB, names of the people to whom you spoke, and what the conversation was about. In case you don’t agree with the WSIB’s decision, you can use these details to appeal.

Injuries are painful and traumatizing, as is handling medical expenses. That’s why it’s important for victims and their families to understand their rights and claim for compensation.  If you’ve been injured at work, waste no time! Follow the above-mentioned steps and consult a WSIB lawyer near to get the benefits you deserve.