All CUPE 5441 members benefit from representation that protects your rights and advocates on your behalf if you are injured or become ill as result of your job.
If you are injured or become ill as a result of your job, your illness or injury must be reported to the Workers’ Safety and Insurance Board (WSIB). You are entitled to WSIB benefits if you cannot work and lose earnings because of your illness and injury. WSIB has a reputation of denying many claims that are filed. Do not be alarmed if you file with WSIB and receive a denial of benefits letter. Your executive site vice president’s will assist you with the appeals process – please contact them if you have questions or require assistance with any WSIB related claims.
If you are injured or become ill as result of your job it is important that you KEEP COPIES OF ALL DOCUMENTATION.
- Maintain your own file of all documents relating to your claim. This includes doctor’s notes, copies of forms and any correspondence from the WSIB, the employer or any other involved parties.
- Remember: WSIB claims must be filed within six (6) months of the initial incident. Claims filed after six months may only be accepted in exceptional cases.
- You have the legal right to report any workplace accident or injury and cannot be told by anyone that you cannot file a claim. You cannot be penalized or disciplined for filing a WSIB claim.
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Frequently Asked Questions about WSIB:
How do I make a claim?
What if you have a health problem caused by job but did not have an actual accident at work?
When anyone does not have an actual accident at work but an injury emerged gradually, it is a gradual onset disablement. Repetitive Strain Injuries typically fall into this category (e.g., Carpel Tunnel Syndrome, Golfer/Tennis Elbow, Tendinitis, Rotator Cuff/Overhead Work). It is still considered a work injury even the worker did not experience an accident in the traditional sense.
While filing a gradual onset disablement claim, the date of injury is established using the date of first medical attention which led to the diagnosis, or the date of diagnosis, whichever is earlier.
What is an Occupational Disease?
An occupational disease is a health problem caused by exposure to a workplace health hazard.
An Occupational Disease Includes:
- a disease resulting from exposure to a substance (for example, chemicals, dust, fumes or viruses) relating to a particular process, trade, or occupation in an industry (for example, asbestosis from exposure to asbestos in mining, manufacturing or construction)
- a disease peculiar to, or characteristic of, a particular industrial process, trade or occupation (for example, operating drills used in mining or construction or using tools such as chainsaws may result in Hand Arm Vibration Syndrome)
- a medical condition that in the opinion of WSIB requires you to be removed from exposure to a substance because the condition may lead to an occupational disease, or
- a disease mentioned in Schedule 3 or 4 of the Regulations to the Workplace Safety and Insurance Act, 1997.
How long do WSIB benefits last?
Various degrees of injuries can take from days to years to recover from. As long as you are deemed to be totally disabled and the disability is considered by the WSIB to be temporary, WSIB benefits will continue up to age 65.
When do loss of earnings (LOE) payments apply?
The WSIB normally pays the LOE benefit beginning the day after the injury (your employer must pay your wages for the day of the injury), or whenever your loss of earnings begins.
The LOE benefit stops:
- If you return to work and your earnings are the same or greater than what you were earning before your injury,
- If you participate in a labour market re-entry (LMR) assessment or plan, and it is deemed that you could potentially have earnings (in suitable employment or business) that are the same or greater than what you were earning before the injury.
- When you turn 65 years old. For workers who are 63 years old or older at the time of the injury, your LOE benefit can be paid for up to two years from this date, as long as you have a loss of earnings because of the workplace injury or disease.
Does the LOE benefit always stay the same?
The loss of earnings benefit is based on your average earnings. For the first 12 weeks WSIB calculates your benefits based on your take-home pay from all your current employers at the time of the injury. If your recovery lasts longer than 12 weeks the adjudicator will review your long-term earnings and adjust the benefits as needed.
LOE benefits may be reviewed by WSIB every year, or if you report a material change in your circumstances, up until the 6th year after the injury. The benefit will not change after that, up until you turn 65 when it stops, unless a material change occurred before the six-year-mark, that you did not report to WSIB.
How much will WSIB pay me for any LOE?
If you miss time from work because of a work-related injury or disease, and lose pay as a result, WSIB will provide payments for LOE. The amount paid for LOE is based on 85% of your pre-injury, take-home earnings, less any earnings you may have after the injury. There is an annual maximum to the LOE benefit.
What is modified work?
Modified Work is any job, task, or function, that a worker who is temporarily disabled can perform safely without risk of re-injury or exacerbation of their condition, and will pose no risk to others during their recovery. The work must however be productive and result of the work must have value.
Usually, modified work is a temporary vehicle designed to help workers be re-integrated into the workplace, to their pre-injury/illness jobs. Such modifications may include reduced hours, rotation of job duties, more frequent or shorter rest periods, the use of such equipment as ladders, step stools, chairs or many other types of modifications especially designed to suit the medical needs of each individual. This is done by creating a modified work plan based on the restrictions provided through the Functional Ability Form (FAF).