Do I have to register with the Workplace Safety & Insurance Board (WSIB)?
Yes, you are required to register your company with the WSIB.
What are the benefits of registering with the WSIB?
Apart from being in compliance with the law, WSIB registration provides the following benefits:
– Protection from Lawsuits
– WSIB benefits replace the worker’s right to sue the employer for similar benefits.
How about No-Fault Insurance?
The WSIB generally does not consider who is at fault when determining benefits.
What are the Benefits for Your Workers?
WSIB insurance replaces lost earnings, covers health care costs resulting from work-related injuries and illnesses, and supports return to work.
What are Prevention and Training Programs?
Workplace illness and injury doesn’t just hurt your workers: it can deprive you of essential staff and can seriously affect your company’s productivity. The WSIB and our prevention partners provide numerous training and education programs that help you prevent injuries and illness before they cost you money.
Help in Returning Your Workers to the Job
Getting injured staff back on the job sooner means your business can return to full productivity more quickly. It also means your insurance claim will be smaller and your premiums may be reduced. The WSIB claims management team will help you ensure that your worker gets effective health care and gets back to work as soon as possible.
What is the process to appeal a WSIB claim?
You can appeal any formal decision made by the WSIB. The first step is to ensure a written decision is provided by the Case Manager at the Board.
An objection must then be made (in writing) within six months of the date of the decision. The appeal will be heard – via written submission or at an in person oral hearing – by the WSIB Appeals Branch.
Similarly, any decision from the Appeals Resolution Officer (Appeals Branch) can be appealed within six months of the date of the decision. This further appeal is made to the Workplace Safety & Insurance Appeals Tribunal (WSIAT). This is a body independent of the WSIB & is the final level of appeal in any WSIB issue.
If someone is off work on WSIB benefits, can I hire an investigator?
The simple answer is yes. However, the larger issue is whether any actual benefit will result from this activity.
If the issue is suspected fraud – for example the employee is believed to be working elsewhere while in receipt of WSIB benefits – then this information should be shared with the WSIB who may then consider surveillance of the employee as part of an investigation.
If, alternatively, it is felt that the employee’s disability is not as significant as being claimed then the Board’s policy regarding ‘video as evidence’ should first be reviewed. In summary, that policy allows for the review of video evidence but will not necessarily be sufficient to make a finding regarding the employee’s abilities.
This issue – level of disability – is based more heavily on objective medical evidence than subjective evidence such as video surveillance that shows only a limited time period of activity.
Do contractors, working in my building, need to have their own coverage?
If a contractor has employees, then the contractor is required to have coverage for the employees with the WSIB. Prior to engaging the contractor a Clearance Certificate (obtained by the contractor from the WSIB) should be provided to you. This shows you that the contractor is in good standing with the Board.
If the contractor does not employ workers then WSIB coverage is not mandatory for the contractor. However, if the contractor does not have WSIB coverage you should request that a letter – confirming that the contractor is considered an independent operator by the WSIB & does not require coverage – be supplied. This will ensure that the contractor will not be considered your employee if an accident occurs.