Tighter timeline could prove a challenge for HR in reporting workplace injuries to WSIB, says employment lawyer
The Ontario Workplace Safety and Insurance Board (WSIB) issued updates to its Employers’ Initial Accident-Reporting Obligations policy last month, shortening the deadline for workplace injury reporting from 7 business days to 3.
This shortened deadline, while seemingly innocuous since most workplaces have moved from paper to online reporting, could make it challenging for HR professionals to navigate sticky WSIB claims, said Christine Ashton, partner at Wilson Vukelich LLP in Toronto.
The short turnaround adds pressure and could lead to mistakes, she said, and if an employee doesn’t report an injury until an extended period of time has passed, the three-day deadline will begin from the time of the employee reporting.
“It's normally because they weren't aware that the worker had sought medical attention,” Ashton said. “The worker was performing their normal duties, so they didn't need any time off and then, at some point in time, goes and gets medical attention and doesn't disclose it for whatever reason to the employer, or the employee doesn't even disclose that the reason they're taking time off is because of a workplace injury.”
In the rush to make the 3-day submission deadline, an HR professional may feel pressure to quickly file the Form 7 with WSIB. But that could be a mistake, as there are many factors the WSIB considers when accepting or denying a claim, said Ashton.
Details such as employee responsibility, pre-existing medical conditions, and transfer of cost liability all need to be recorded. Which is why it is so important for HR to be proactive after workplace accidents occur.
“They really have to be proactive on prompting employees to let them know if they seek out medical attention, and prompting employees to let them know if there may be a WSIB claim, or if they’re taking time off because of a workplace injury they never told us about,” said Ashton.
One way of doing this, Ashton suggests, is by prompting employees to confirm if they are away from work for illness or injury recovery, that it is for personal health reasons; “To at least just state that you understand it's for personal medical reasons. That way it pushes the employee to respond back if it is not for personal medical reasons.”
Many employers are not aware that in certain circumstances, mental stress injuries can be claimed under WSIB, largely due to a lack of reporting mechanisms for mental health claims. This can add another layer of complexity to the already rushed timeline.
Although WSIB began accepting claims of mental stress injury in 2018, there is still no dedicated spot on Form 7 for employers to use to record and submit workplace injuries, said Ashton.
There is also no dedicated area for health care professionals to indicate mental stress injuries on the Functional Abilities Form, used to guide return-to-work procedures.
Mental stress injury claims often result from workplace harassment, she said. For compliance, Ashton recommended adding a space for employees to flag that they will be triggering a WSIB claim directly on the workplace harassment complaint form.
“The box would explain that a WSIB claim is essentially triggered, if they believe that they've experienced a substantial traumatic mental health injury and that they're receiving treatment further to that,” she said. “And you want it to be very clear, you're only asking this information to understand if the WSIB claim is needed, not because you're impugning on their medical health information.”
