WSIB INFORMATION
November, 2024
Some of the questions that have come across my desk lately…
- Question: Can the family of a deceased injured worker file a claim with WSIB hoping to get a settlement?
Answer: Yes in fact, the Local is currently dealing with these types of claims so that the families of injured/deceased workers can be compensated. The most common type of claim we are dealing with is exposure to asbestos. These claims are often difficult and can be very time consuming. WSIB will require medical documentation and this can be challenging, especially when a persons’ doctor has moved or retired. WSIB will want confirmation that a deceased worker was exposed and will want time frames of where and when this happened. This often involves tracking down co-workers and even trying to get employers to provide documentation that asbestos was in the workplace.
- Question: If I as an injured worker need accommodations, what is the best way for me to show my employer what I need?
Answer: When an injury/accident happens and accommodations are required, the best way to do this is with a WSIB Functional Abilities Form. This form can be found online or simply call the union hall and we can provide you with one. If you have a claim number, simply supply the claim number at the doctor’s office and they will bill WSIB directly.
- Question: If I suffered a workplace injury and I don’t fully re-cover, does the claim just end there?
Answer: No, if you are injured and cannot make a full recovery then WSIB will say you have reached your Maximum Medical Recovery (MMR) and this will be considered a permanent impairment. At this time WSIB will then consider you for a Non-Economical Loss award ( NEL). This is a payment made to you by WSIB for such things as loss of enjoyment of life and/or pain and suffering.
Issued by,
Mike Winterbottom
Secretary-Treasurer/WSIB Rep.
Unifor Local 199
Click here for printable version
Scroll down for previous WSIB reports
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WSIB INFORMATION
September, 2024
I hope to answer some of the questions that came across my desk since the July leaflet….
- Question: What is this duty to accommodate I keep hearing about?
Answer: The duty to accommodate language in the WSIB Act and the Human Rights Code have some similarities but also have some differences. The WSIB Act and Human Rights Code are two separate pieces of legislation. Under the WSIB Act, an injured worker must have been injured during the course of employment and/or have suffered the injury on the employer’s property. The Human Rights Code allows workers who were injured outside of work or who have a medical condition, the right to return to work with medical restrictions and be accommodated to maintain their employment. The WSIB Act does have time limits on the duty to accommodate while the Human Rights Code can be for permanent injuries.
- Question: If my WSIB claim is denied, does that end my chances for a successful claim?
Answer: No. Injured workers can (within 6 months of denial) appeal to the WSIB for a review. Often injured workers will need to produce new medical evidence that was not part of the original claim. The new medical evidence can be in the form of a MRI, CAT Scan, Xray or from a doctor who specializes in a particular field of medicine. Also, for information purposes, employers can appeal an injured worker’s claim for loss of earnings and WSIB healthcare. The appeal process is open to both parties.
Issued by,
Mike Winterbottom
Secretary-Treasurer/WSIB Rep.
Unifor Local 199
Click here for printable version
Scroll down for previous WSIB reports
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WSIB INFORMATION UPDATE
July, 2024
- Question: What can I do to make sure I have a successful claim?
Answer: Make sure you inform your Supervisor of the injury right away. A totally legit claim can be denied if supervision was not informed of the injury. Also make sure you get health care immediately. The majority of claims denied are for these two reasons.
- Question: When is an injury at work not worth reporting?
Answer– No injury is too small. What may appear as nothing at the time of injury, can turn into something more serious in the future. There are documented cases of people getting a simple paper cut that turns into a major infection. The little tweak in the back injury could be a slow developing muscle cramp or pulled muscle. REPORT EVERY INJURY TO YOUR EMPLOYER
- Question: If I get injured at work, can anybody help me from the Local?
Answer: Yes, if you are injured at work and need any help, please contact myself, Mike Winterbottom at 905 682 2611, ext 227. I can assist you with filing the proper paperwork to the WSIB and I can also help with any work accommodation you may need.
Issued by,
Mike Winterbottom
Secretary-Treasurer/WSIB Rep.
Unifor Local 199
cope343/nw
July, 2024
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