CUPE Local 7800

I'm a Casual. Am I covered by the WSIB?

Yes. Your employment status does not matter. You are covered from the very first minute on the job.

If I have an accident early in my shift and can't continue working, do I lose that day's pay?

No. Your employer must pay you for the balance of your scheduled shift.

What if my supervisor doesn't want me to make a WSIB claim? What should I do?

Seek medical attention, regardless of what your supervisor says. Then call the WSIB and explain what happened. See the Blue Pages in your phone book for the number of your local WSIB office. Then call your Union Representative. The Union will complain to senior management about any attempts to prevent injured workers from making a legitimate WSIB claim.

I didn't have an accident as such but my shoulder is hurting a lot and it could only be because of my work. Do I have a WSIB claim?

Yes, but because the injury is not the result of a specific "accident", the WSIB may conduct an investigation of your claim. This is routine and you should not be worried about it. However, it will delay your benefits. In many such cases, benefits can be delayed for several weeks.

The best idea is to seek medical attention as soon as you feel a physical problem that may be related to your work, before it becomes a full-blown disability. Ask your doctor to submit a WSIB Doctor's Report. Then call the WSIB and explain the situation. Follow their instructions.

I got hurt because of a fellow worker's negligence. Can I sue him?

No. WSIB is "No Fault" insurance. Even if the accident was due to your own negligence, you still get compensation. The only possible exception is if your injury happened as a result of reckless "horseplay" that was so far outside the scope of your work that you should have known better. Denial of benefits for this reason is rare, but it has happened.

I was injured in a car accident on my way to work. Am I covered by WSIB?

No. However, if you are a truck driver and you are in an accident while on the job, you are covered.

I slipped on some ice just outside the building while I was leaving for the day. Am I covered?

You may be, if you were injured on premises under your employer's control. Call the WSIB (after you seek medical attention.)

My doctor said I should take four weeks off with physiotherapy but I feel well enough to go back to work after two weeks, and my supervisor is bugging me to return. What should I do?

You should follow your doctor's orders but remember that your doctor is not all-knowing with respect to your body. If you feel you can return to work, ask your doctor. But do not bow to your supervisor's pressure to return to work before you are physically able to do the job without risk of aggravating your injury. No one wins if you do that, least of all you.

My supervisor says she has "modified work" for me. What should I do?

You must cooperate in any efforts to return you to work, even if it is not your regular job. The normal procedure is this:

The employer writes down the specific duties of the modified work, including how much lifting, carrying, standing, sitting and other effort it will require, including how many hours per shift and how many shifts per week.
Your doctor and you decide whether or not the modified work is suitable for you.
In cases of dispute about the suitability of the modified work, the WSIB may become involved. You may be asked to try out the work for a day or two or see another doctor for an opinion. You should fully cooperate but you are not obliged to do anything that injures you or aggravates your injury.

Wouldn't it sometimes be better to ignore a work injury if it's not really serious and thereby avoid all the potential hassle?

That would be risky. Sometimes a seemingly small or very temporary injury turns out to be more serious. Back pains and other Repetitive Strain Injuries, such as tendinitis and carpal tunnel syndrome, do not get better without rest and treatment. And if you continue to aggravate them, they could become so disabling that you are simply unable to continue working. The best advice is to seek medical attention first and call the WSIB. You are not legally required to put in a claim for an work-related injury but if you don't and your injury later disables you, you could prejudice your chances for compensation that could be rightfully yours.

It's been two weeks since I've been off work and I still haven't received anything from the WSIB. What should I do?

Contact the WSIB office in your region. See the Blue Pages in your telephone book. Be patient, polite and persistent. Keep notes of all your conversations with the WSIB.

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