Have you been injured at work, or...
do you know someone who has been injured at work?
Usually when I ask this question, the answer is a resounding yes. Very few people have never experienced or know someone close to them that has experienced a workplace injury. The injuries can come in all shapes and sizes, it can be a simple cut to injuries that require surgery. Even worse than an injury, everyday approximately 3 workers in Canada will not make it home. In 2020, there were 153,193 lost time and no lost time claims in Ontario, that's 153,193 injured workers.
Depending on the severity of the injury, what happens afterwards can be complex, lengthy, frustrating and very often, workers don't know what to do or what their employer should be doing. I will give you a basic few tips and can provide more details in future blogs.
In every province there are regulatory requirements that both employers and employees have to comply with. Let's talk about a few of the employer requirements and I'll use the province I live in, Ontario. (p.s. other provinces are relatively similar) In Ontario, there is a poster that should be posted in every workplace entitled the "In case of Injury" poster from the Workplace Safety and Insurance Board (WSIB), also known as the "1-2-3-4- poster"
- If you're injured and you need care, the first thing that should happen is your employer has to proved first aid. A certified first aider should be onsite and you should know who these people are, their names should be posted on a health and safety board or posted somewhere that you should all know. If you need more medical attention than first aid and you need to be transported to a doctor or hospital, your employer pays for the transportation. They may or may not attend with you, but they must pay for the transportation, whether that's a taxi or ambulance.
- You need to tell the employer about the injury, don't just tell them, but ensure that it's reported and documented. You should also ask for a copy of this report. A good employer will investigate and try to put in corrective actions so similar events don't happen again. Do not delay reporting what happened, this can cause problems for you when there is a delay. For example, you lifted something heavy and felt a sharp pain when you lifted it, days later the pain gets worse and now you're reporting the event! Your delay in reporting can result in objection to your injury, it also delays the investigation and facts are now lost, your employer likely has a requirement that you were to have reported it and now you're being written up for reporting the injury late. Don't delay, report it right away.
- Depending on the injury and care provided, the employer might have to report the event to the WSIB. They will have to complete what is known as a Form 7 which is the employers report of injury disease this is required within 3 days of the event. What many workers don't know is that there is also a Form 6, the Workers report of injury disease that the WSIB will request that you complete. So often workers don't complete this form or they are unaware of the form and this can create problems for you if you need a workers compensation claim. You can ask your employer for a copy of the For, 7, and in fact, the page 3 of the Form 7, says, "The Workplace Safety and Insurance Board act requires you give a copy of this form to your worker" . If your employer asks for a copy of the Form 6, you can give them a copy or you can respectfully suggest that they should contact the WSIB. These forms can be submitted online and you can easily upload documents to the WSIB through their website.
- Last but not least, worker and employer should be working together to get the worker back to full duties. You may need time to recover, you may need to work with modified or what some say light duties. Your employer may ask you to get updated medical information. Typically with most injuries, you can still work and this is the most beneficial arrangement for you and your employer. There is more to working while recovering, but the literature will tell you that this is best for the injured worker to be participating in the workplace as you recover.