CUPE Local 1785

WSIB

Important Information

A claim must be filed within six months of an accident.

For gradual onset injuries, the six-month deadline begins from the date the worker reports the injury as work-related.

In the case of an occupational disease, the claim must be filed within six months of the worker learning of the disease.

Ensure that you track all correspondence and keep copies of all documentation that is pertaining to the claim.

Reporting an injury/disease steps and procedures

Step One: Report all incidents immediately to your employer and your union.

File an incident report and include:

  • all areas of body involved (if you’re not sure, include it.)
  • where it occurred
  • when it occurred
  • what caused the injury (be specific)
  • who were the witnesses (give full names)
  • take pictures of the location where the injury occurred and include conditions

It is important to be detailed and consistent in your reports as you may have to report the injury/incident multiple times (Employee Incident Report, Form 6, Healthcare provider, Claims Adjudicator, Manager/Supervisor, etc.).

Step Two: Seek immediate healthcare (do this step first if serious injury occurs)

  • The employer is responsible for transportation arrangements and/or payment if required.
  • Be sure to tell the healthcare provider that the injury occurred at work.
  • Make sure to take a medical form with you.
  • The employer pays for the cost of the medical form, if they have requested it.
  • Be sure to provide the doctor with full details on how the accident happened.
  • Ensure they examine each body part that was hurt and make a note of it.

Employer’s Responsibilities

  • Make sure first aid is given immediately.
  • Provide transportation to a hospital, doctor’s office, or home if necessary.
  • Give the worker a medical form if worker needs more than first aid.
  • Give the worker a Functional Abilities Form if they require one.
  • Submit-a Form 7 (within 3 calendar days from when they first learn of the injury or disease that causes a worker to):
    • Be 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 days if employee needed healthcare that is more than minor first aid and/or if eyeglasses, dentures, and/or artificial appliances were damaged.
  • Give a copy of the completed Form 7 to the injured worker.
  • Pay full wages and benefits for the shift on which the injury occurred.
  • Co-operate in the worker’s, Early and Safe Return to Work.

Worker’s Responsibilities

  • Get first aid immediately.
  • Inform the employer of any injury or possible onset of a work-related disease/condition.
  • We advise that you also inform your union of any injury or possible onset of a work-related disease/condition.
  • Seek further medical attention if needed.
  • Submit Form 6 to the WSIB and give a copy to the employer.
  • If the Board sends you a Form 8 (because they have not yet received one from the doctor have them fill it out and they will send it to the Board.
  • Do not change health professionals without permission from WSIB.
  • Co-operate in healthcare treatment.
  • Co-operate in Early and Safe Return to Work.
  • Complete and return all WSIB forms promptly.
  • Report to the Board any changes in income, return to work status, or any medical condition.
  • Keep copies of all documents and communications.
  • Stay in contact with your employer while you recover.
  • Talk with your employer about ways to return to work quickly and safely, including doing different work from your regular job, or working shorter hours.

Filing a WSIB claim

When to claim benefits (if any of these statements are true, make a claim):

  • Received medical attention and/or lost time or wages from work beyond the day of injury
  • Had to do different work for more than 7 days due to the injury, at regular or reduced wages (the employer must report immediately if the worker still needs different work after 7 days)
  • Continued to work, but on a reduced work schedule, at regular or reduced wages.

When not to claim benefits (if all these statements are true, do not make a claim):

  • Only first aid treatment was required
  • You did not take any time off work
  • Your pay was not affected
  • Your job duties did not change as a result of the injury.

How to start a WSIB claim/form

There are 3 ways to start a WSIB claim.
Submitting any of these forms will trigger the opening of a WSIB claim.
All must be submitted.

What happens if I refuse modified work?
Refusal may mean loss of WSIB benefits.

What medical information do I need to provide to the employer and the board?
Only medical information relating to the injury or disease is required.

What do I do if I cannot return to my pre-injury job, but am capable of doing some other kind of work?
Employers have a duty to accommodate and your union rep can help you navigate this.

Am I able to utilize my sick time while waiting for WSIB approval?
Yes, employees who are absent from the workplace because of a workplace injury/disease are entitled to their sick time as per their Collective Agreement.

What medical costs are covered?
This can vary from case to case. Contact WSIB to get information on what they will cover for your specific claim.

What is a “Material change in circumstances”?
This is any change that effects whether WSIB has to pay you benefits, how much WSIB pays you, or whether WSIB has to give you services.
Changes in your medical status
Changes in your earings or income
Changes in your work status
Changes in your availability for (early and safe return to work, healthcare, labor market re-entry program)

What if I am experiencing pain or discomfort and/or am unable to complete my shift while on modified work?
If rest periods are needed, get permission from your supervisor. Rest periods may need to be incorporated into your work plan. If you need to leave, your employer may request to have a medical form completed by your healthcare professional which is to be paid by your employer.


What to do if you get hurt at work outside of normal working hours
(3:30 pm – 7:00 am)

1. Report the injury immediately
Email your direct and/or indirect supervisor right away to document the incident
If there is no response, that is okay – what matters is that you reported it at the time of the occurrence for WSIB purposes.

2. Assess the severity and seek help if needed
Call for assistance if needed and seek medical attention immediately if required.

3. Medical Treatment
Inform the hospital that it is a workplace injury so that they complete the proper WSIB documentation.

4. Follow up after the injury
Upon returning to work (or if unable to return), contact your union rep. The union rep will notify the benefits officer and assist with completing WSIB forms properly.

For all other inquiries, please reach out to your Union Rep or you can send an email to: benefitsofficer@cupelocal1785.com