AND/OR OCCUPATIONAL DISEASE AS A RESULT OF THE WORKPLACE:

1) File a Workplace Safety and Insurance Board (WSIB) -(formerly WCB) claim:

• If you have been injured in an accident at the workplace (fall, cut, severe pain after lifting etc)
• If you begin to gradually experience medical problems/pain that you think may be as a result of the kind of work you do (eg. Carpal tunnel syndrome, tendonitis, or repetitive strain injuries)
• If you develop an occupational disease that you think may be caused by an exposure at the workplace from dust, chemicals, fumes, noise etc.
  You ought to:
• Tell your employer about the accident or disease. Your employer is required to send a report called FORM 7 to WSIB within 3 days after finding out about the incident.
• Get medical attention immediately (first aid, emergency, hospital or family doctor)
• Tell the person treating you for the injury/disease that this is as a result of the workplace and to send in a FORM 8.
• Notify your Local H&S committee or WC13 Rep or steward or your Local Union Executive of the incident. Give them a copy of the Form 7 for the files.
• Your benefits are calculated at 85% of your net average earnings.
• You must file a claim as soon as possible and no later than 6 months from the date of your accident or the date you have been diagnosed with an occupational disease.

2) Agree to a functional Abilities Evaluation (FAE) release:

• In order to receive benefits from WSIB, you must agree to allow your treating health professional to release information relating to your "functional abilities" to your employer. This will include information about the work you can or can not do because of your injury/disease (restrictions) and duration. This release form will not include your medical condition or diagnosis.

3) Early and Safe Return to Work (ESRTW):

• The employer is now responsible for your "early and safe return to work".
• After the FAE has been completed, the employer is obligated to contact you and attempt to provide you with appropriate work in conjunction with the FAE.
• You are required to co-operate with your employer with your ESRTW. Appropriate work should be offered to you. If you refuse this work, you will be considered as uncooperative and benefits will be affected. Unless the work is clearly unsafe for you or others it is best to make an attempt to try it. In these situations it is most important to contact your local H&S rep or local union executive for assistance in the matter.
• If you are experiencing difficulties with the employer in these attempts to RTW, notify the WSIB immediately of the dispute, Their role is to attempt to mediate and resolve the problem If there is no satisfactory resolve to the matter, you must object in writing within 30 days of the decision.

4) Re-employment:

• Employers with over 20 workers and if you have been with this employer for at least 12 continuous months have an obligation to offer re-employment. Even though there is an obligation for re-employment , you must co-operate with the ESRTW.
• When you are capable of doing the essential duties of your pre-accident work the employer is obligated to offer you that work or alternate employment that is similar in nature and at least 90% of your pre-injury earnings.
• The employers obligation to re-employ you is a) 2 years after the date of injury or b) 1 year after your employer is notified you are capable of performing the essential duties of your pre-accident job or c) the day you turn 65 years of age.
• Your employer is required to take the appropriate steps in accommodating you at the workplace by either modifying your job or workplace if required to aid you in performing the essential duties of your job. That obligation is only waived if undue hardship can be demonstrated by the employer.

5) Occupational Disease:

• If you are suffering from or impaired by an occupational disease you may be entitled to benefits as if you were injured in a workplace accident. There are 16 diseases listed in Schedule 3 of the Act and only if the employer or WSIB can show the disease did not arise from work, benefits are usually allowed. Diseases listed in Schedule 4 usually workers only have to prove they have the disease and that they were employed in the corresponding work industry, entitlement is usually allowed eg, asbestosis and mesothelioma.
• It is best to contact  Local 25 Health and Safety if you are experiencing any problems relating to occupational disease. CEP is conducting extensive investigations into occupational disease problems at workplaces across Ontario.

In all cases of workplace accidents or disease, it is very important to NOTIFY THE LOCAL H&S COMMITTEE of incidents as soon as possible. Many times there are no problems with WSIB claims, however there are instances when claims may become problematic. Early intervention in a claim can usually avoid any denial or withholding of benefits and provide for a successful RTW. It is also the Union's goal to have a safe and healthy workplace and avoid future accidents LOCAL 25 has qualified and trained members who can provide you with assistance and offer appropriate representation in complicated cases.