Accidents happen, and people get hurt, even on the job. The difference is when you are injured at work in Ontario, you must deal with the Workplace Safety and Insurance Board (WSIB). Employers must provide workplace insurance to protect injured workers. However, in exchange for providing insurance, workers cannot sue their employers when they are injured at work.
To ensure you receive the benefits you are entitled to receive under the Workman’s Compensation Act, you must take certain steps when you are injured at work. Below is a short summary of the initial steps to take if you are hurt at work. If you have questions, we urge you to contact an Ontario injury lawyer as soon as possible.
First Steps After a Workplace Injury
The first thing you should do is report the injury to your employer and seek medical attention. When you go to your doctor, walk-in clinic, or emergency room, tell the facility that you are being treated for a WSIB injury. Because there are strict time limits for filing a workman’s compensation claim, you must notify your employer immediately. Your employer is legally required to report the injury to the WSIB within three days of being notified of the workplace accident.
Once the injury is reported to the WSIB, the board will send you documents regarding your workplace injury. You must complete and return these forms to the board quickly. Failing to complete and return the forms promptly can delay your benefits and jeopardize your claim. Within one week of your injury, make sure all Functional Abilities Forms are completed.
During your treatment, keep a journal of important information you may need as you go through the process of filing a workman’s compensation claim. Information you want to add to your journal includes:
- Witness names and contact information
- Medical providers
- Summaries of conversations with parties related to your injury including your employer, insurance board, and doctors
- List of medication you are taking
- List of expenses you incur related to the injury
- Details of your injuries, symptoms, doctor visits, and medical treatments
- Copies of all forms you complete related to your injury or claim
- Notes regarding your daily pain level and activities you cannot do because of your injury
It is important that you cooperate in your treatment and follow your doctor’s instructions. You should also remain in contact with your employer and the adjudicator assigned by the WSIB to your case. Failing to communicate and follow doctor’s instruction can result in a denial of your claim. However, if your employer or the adjudicator is not communicating with you or you feel as if you are not being treated fairly, you should contact an Ontario workman’s compensation lawyer immediately to discuss your legal rights.
Benefits for an Injured Worker in Ontario
You are entitled to receive certain benefits when you are injured at work. Some of the benefits you may be entitled to receive in a workman’s compensation claim include:
- Payment of medical costs and health care costs associated with the injury or workplace illness, including prescription medications, surgeries, doctor’s visits, physical therapy, etc.
- Loss of earnings benefits (a.k.a. income replacement)
- Transportation costs to and from your medical appointments
- Non-economic loss (NEL) benefits for permanent impairment caused by the injury or illness
Based on your specific circumstances, you could be entitled to additional benefits. An experienced Ontario workman’s compensation lawyer can help you receive all benefits you are entitled to receive by law.
Call Our Office for A Free Consultation
The team of lawyers at Diamond and Diamond have experience handling injury claims. Call our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now.