CUPE 4000 Resources: WSIB

Injured or disabled workers are often not aware of their Rights. In many cases the worker may be under stress (physical and/or emotional), in others they may be very suspicious, questioning every thing the advocate does (or needs to know) and why.

It is difficult, for a Local Union, to provide adequate representation to disabled workers. Regardless of what language is in the Collective Agreements, Employers are not likely to inform a Local Union that workers have become disabled on the job. In fact, the current trend is to deny that a disablement to a worker was the result of an accident, or an illness, that occurred at work and was a result of the work being performed. The workers are the main source of information of work-related disabilities that the Local receives. Fortunately, most workers have no problems with their claim.

Many workers, however, do have problems with their claims, and are reluctant to involve the Local Union in resolving them. Most workers feel their issues are unique, and no one can help them, or they do not want to "upset" the EIC/WSIB or the employer.

Time (and cost) Involvement:

Because of the intensity, and unpredictability, of circumstances involved in assisting a disabled worker with an EI or WSIB claim, an advocate must be prepared to spend an unknown amount of time on each claim. As the time involvement in a claim is so unpredictable, an advocate, who has a regular Hospital job, cannot schedule "Union Leave", without the matter becoming a cost-prohibitive risk to the Local. This is particularly true because Union Leave has to be requested two weeks ahead of time, in accordance with the Collective Agreement, and the employer has the right to refuse it.

Respectfully Submitted In Union Solidarity, by Earl M. Zaroski, WSIB Advocate.

SECTION 2

(A) WORKERS' RIGHTS and OBLIGATIONS

When filing a claim for: EI (UI), WSIB (Workers' Compensation), Long Term Disability, or CPP, a worker must do so as soon as they possibly can. It is important to note that there are different time limits on filing claims under different agencies.

A worker must also comply with requests they receive from any of these Organizations, as noted in the paragraph above. The worker's employer, or Union, may also request information from the worker. You are not required to provide any Medical Information to your employer, but it is in your best interest to co-operate with the requests from your Union.

The Employer may ask you to provide them with information that they will then send on to the WSIB, etc. DO NOT DO THIS, as the employer has no authority to act as an agent of any of these groups. Ask the employer to give you a written request for this information, specifying exactly why they want it, and exactly who has requested it.

YOU can then send this information directly to the requesting party, if you want to, or you can have your Union do it for you. DO NOT GIVE IT TO THE EMPLOYER. No matter how honest the employer may be, the information you give them will be copied for their use.

(A-1) Employment Insurance

Commonly known as Unemployment Insurance Benefits. A person should file for these benefits as soon as they become unemployed, laid off, or are running out of paid sick leave from their employer. They must get a ROE (Record of Employment) Form from their employer and submit it, along with their completely filled out EI Application Form, to the EI office.

If they are applying for Sickness Benefits they will be required to have their Doctor fill out a Medical Certificate stating diagnosis, the approximate date disability occurred and the expected date of recovery. The Form is made available to the worker at the EI office nearest to the worker's home.

A worker filing for EI Benefits may have up to 6 weeks in which to file their claim, but it is in the worker's own best interest to do so as soon as possible. Once a claim is filed, it takes the EI a few weeks to make a decision, as they contact the employer for verification of absence from work, and the doctor to verify the disability.

If you need help in filling out the EI Forms, or with the EI Claim, call your Union.

(A-2) Workers' Compensation (WSIB)

If you suffer, or think you suffered, a workplace disablement, immediately:

Notify your Immediate Supervisor, or person in charge.
If you have notified your Supervisor, you do not have to also notify
Occupational Health, as that will be your Supervisor's responsibility.
See your own doctor, or go to an Emergency Room. Do not delay.
You do not have to see the employer's Doctor if you do not want to.
You do not have to be seen by the employer's Physiotherapist if you do not want to.
You have the right to have your own doctor refer you to a Physiotherapist, preferably one who does not work for your employer.
If you need help in filling out any WSIB Forms, call your Union.

If the WSIB denies your claim, in whole or in part, call your Union.

The Workplace Safety and Insurance Act says that a worker who suffers a work-related disablement (injury or illness) must notify their employer, and the WSIB, as soon as possible thereafter.

The Act (the law) does not specify that you must report to a particular Department (i.e. Occupational Health), except to say that you must notify your immediate supervisor, as soon as possible, after becoming aware that you may have suffered a work-related illness, or injury.

In most instances, if the employer is aware of the worker becoming disabled, they will notify the Board. However, they are generally not prompt in doing so. The law requires an employer to notify the Board of a work-related incident within seven calendar days of it occurring. Therefore, an employee should contact the WSIB office as soon as possible after being disabled.

In all cases involving a work-related disablement, the worker has the absolute right to be treated by a Health Care Professional of their choosing. The Employer has no right to tell a worker who they must be treated by. When a disabled worker is cleared to return to work by their treating Health Care Professional(s), then the employer has the right to have them assessed by a Health Care Professional of the employer's choosing.

If a worker sees his family doctor, or is seen in an Emergency Room, with a problem resulting from the workplace disablement, they must tell the doctor that their problem is work-related. The doctor, or Emergency Room, will then send a report to the WSIB and a claim can be initiated in that manner.

The Law allows for a period of six months in which a worker may file a claim. There can be many reasons why a worker would not think to file a claim immediately for WSIB. A work-related illness of several weeks that gets better then worse then better then worse, etc.; or a gradual onset of pain in a muscle or joint, are only some reasons why a claim might be filed weeks after initial onset of disablement.

In some circumstances (the worker is unconscious, or hospitalized, for months etc.), the WSIB (Workplace Safety and Insurance Board) can, at their discretion, accept a claim filed after the six-month time limit expired.

However, the longer a worker delays in filing a claim, the more complex it becomes. In such cases, the WSIB will not make a quick decision, and may make a decision that is not favourable to the worker. A worker should not unreasonably delay seeking medical attention for a work-related injury, or illness, no matter how trivial the incident may at first seem.

If there is a delay, the worker must be prepared to provide substantive, supporting evidence to explain why the delay occurred. This evidence, usually, is best supplied in signed written, and medically detailed, documentation from the worker and all of their treating health care professionals.