It is mandated through our constitution to provide assistance to our members with regard to proper representation (upon request) with their compensation claims with the W.S.I.B.

Assistance can be provided in the following manners:

- initial establishment of claim.
- intervention through direct communication with W.S.I.B. adjudicators and accident employer (can clear matters before the process leads to an appeal.)
- representation with regard to early and safe return to work.
- representation with regard to the appeals process at either the board level or the tribunal level.
- we can request medical information in order to support entitlement to claim.
- advise members with regard to numerous time limits set out by the board.
- Additional Duties: Sunlife Sickness and accident benefits
- C.C.P. Disability pension
- W.S.I.B. cancer claims

We continue to service our retired members

Our committee updates our members on new developments at our monthly meetings as well as reports to the plants i.e. (The searcher) etc.

It is important that workers understand what an accident is and what time limits apply to claims associated with an accident.

Definitions:

accident includes,

(a) a willful and intentional act, not being the act of the worker,

(b) a chance event occasioned by a physical or natural cause, and

(c) disablement arising out of and in the course of employment.


What this means is that if a sudden onset of pain occurs and nothing is immediately responsible nor has there been a chance occurrence to cause it, it is not an accident and therefore does not qualify to become a claim.

A claim can be established if an accident has happened and the injured worker needs to see medical doctor. A minor injury (report to first-aid) with no medical attention required is not a W.S.I.B. claim, it remains a minor report.

Time limits:

The Workplace Safety and Insurance Act was completely written in 1997 and became effective January 1 1998. Section 22 (1) instructs that A worker shall file a claim as soon as possible after the accident that gives rise to the claim, but in no case shall he or she file a claim more than six months after the accident or, in the case of an occupational disease, after the worker learns that he or she suffers from the disease.”

The ACT has time limits in place for appealing the decisions of the Board. If the decision involves Return to Work or Labour Market Re-entry issues, then a worker must appeal the decision within 30 days.

For all other issues, the worker must appeal within 6 months of the board decision. That is, the Board must be notified in writing of the intent to appeal within 6 months.

If the Board has issued a final decision, from the Appeals Branch, the worker must apply to the Workplace Safety Appeals Tribunal. (WSIAT) Again the 6 months rule applies.

When appealing any decision from the Board, a worker should seek assistance from an experienced representative. Our local has two full a time active reps.

Members over the Age of 63

Weve had several inquiries about what would happen if a member over the age of 65 would have a work related accident and suffer an injury that would cause that worker to be off work. Typically the W.S.I.B. does not pay loss of earnings (L.O.E.) past the age of 65. However there is a policy that deals with older workers and L.O.E. Policy # 18-03-04 states the following: Guidelines

Older workers

Workers who are 63 years of age or older on the day of injury are only entitled to LOE benefits for up to 2 years from the date of injury. The WSIB cannot consider ongoing LOE benefit entitlement, or LOE benefit entitlement for a recurrence after the 2-year period.

This policy speaks of workers that are older than 63 and the interpretation then is that workers who are in fact 65 or older are therefore workers that are older than 63. There is no mention of an age limit however there is on the amount of time they will pay that is up to two years. There are also provisions to cover for permanent impairments from those accidents/injuries.

More information can be obtained from the W.S.I.B. website by following this link http://www.wsib.on.ca/wsib/wsibsite.nsf/public/homepage