What to do in Case of Injury

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What to do if an accident happens
Administer first aid immediately. Immediately arrange and pay for transportation to a medical clinic, a health care practitioner, a hospital or the worker’s home, if required. Have someone accompany the injured worker on your behalf, if necessary.

Provide the worker with a copy of the “Functional Abilities Form for Planning Early and Safe Return to Work” Form 2647A (FA form) for the treating health care practitioner to complete and return.

Depending on the severity of the accident, obtain a signed statement from the injured worker as soon as possible. If a signed statement is not possible, obtain a statement by phone. Interview everyone who may have seen the accident and get witness statements. Ensure the witness reads and clearly understands the statement, and have the witness sign and date the statement. If statements are provided in another language, identify the interpreter and the language in which the statement was provided. Have a third person witness the interview. Get written statements from any worker who was in view of the accident, but did not see anything. Visit the site of the accident to prepare drawings of the layout of the area and to take photographs of any equipment and materials involved. Do not clean up or re-arrange the site until after the investigation has been completed.

The employer must report the accident to the Workplace Safety and Insurance Board (WSIB) by completing a Form 7 within three calendar days of learning of the accident, and the WSIB must receive it within seven business days from when the employer learns about the accident.

You can also provide additional information such as copies of statements, drawings, photographs, etc. This will require the Eligibility Adjudicator to contact you to discuss the issues, before a decision is made. If that does not happen, you should contact the Eligibility Manager. Give the injured worker a copy of the Form 7 and any attachments provided to the WSIB. If the Form 7 is incomplete, late, or if a copy is not given to the injured worker, the WSIB may levy a penalty of $250 for each infraction. The Form 7 is available on the WSIB’s website, and can be completed and filed on line.

The worker must complete, sign and submit the “Worker’s Report of Injury/Disease” Form 0006A (Form 6) to the WSIB in order to claim WSIB benefits and consent to the release of functional abilities information to the WSIB and the employer. If the worker does not file a claim for benefits or consent to the disclosure of functional abilities information within the six-month deadline, the WSIB will not provide benefits. The functional abilities information will help the workplace parties (WPPs) develop an appropriate work reintegration (WR) plan for the injured worker. Workers are required by law to give employers access to this information.

The worker must provide the employer with a copy of the completed Form 6 and any attachments at the same time this information is provided to the WSIB.

You must also maintain your contributions to the injured worker’s employment benefits (i.e., health insurance, life insurance and pension plan contributions) for one year from the date of accident while the injured worker is off work. These contributions must be maintained provided the injured worker continues to pay his/her share of the contributions. This obligation does not apply to employers participating in multi-employer benefit plans.

Who to contact about a serious workplace injury or disease
If a worker has been critically injured or killed at the workplace, you must directly contact an inspector at the closest Ministry of Labour (MOL) office immediately, as well as the joint health and safety committee or health and safety representative and the union if there is one. You must also send written notification to a MOL director, within 48 hours, explaining what happened and providing any information that might be required.

If you are told that a current or former worker has an occupational disease or that a claim for an occupational disease has been filed with the WSIB, you must provide written notification to a MOL director, the joint health and safety committee or health and safety representative and the union, if there is one, within four days.