10/09/2020 COVID-19 and Workers' Compensation: What you Need to Know

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COVID-19 AND WORKERS' COMPENSATION:

WHAT YOU NEED TO KNOW
 
With the reopening of schools, and direction from the Ministry of Education and
school boards about returning to classrooms, some questions have arisen
about these new working conditions and the ongoing management of workers’
compensation claims.
 
Below are responses to some frequently asked questions regarding the
Workplace Safety & Insurance Board (WSIB) and workers’ compensation.  
 
For additional information, including recently updated Q&As on workplace
accommodations and work refusals, as well as previous member updates, visit
the COVID-19 Resources section of the Members’ Area at catholicteachers.ca.
Be sure to check back regularly, and monitor your personal email, as resources
will continue to be updated as more information becomes available.
 
QUESTIONS & ANSWERS
 
I believe that I may have been exposed to COVID-19 while at work, but I am not ill or
currently exhibiting COVID-19 symptoms. What should I do? 
 
If you believe you may have been exposed to COVID-19 while at work, but you
are not ill and/or are not currently presenting symptoms of COVID-19, you
should complete a Worker’s Exposure Incident Form and fax it to the WSIB at:
1-888-313-7373.
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10/09/2020 COVID-19 and Workers' Compensation: What you Need to Know

 
Subscribe Past Issues In the event that you subsequently test positive for COVID-19, your claim can Translate RSS
be processed more efficiently with this paperwork in place.
 
I am presenting symptoms of, and/or have been diagnosed with COVID-19, which I
believe I contracted at work. What should I do?
 
You should report the illness to your employer in the usual manner and seek
medical advice immediately. Make sure to document for your records the date
of your doctor or hospital visit. COVID-19 exists in the broader community,
which creates challenges in establishing the link between your workplace and
contracting the virus. For a COVID-19 claim to be allowed, evidence must show
that a worker’s risk of contracting the virus through their employment is greater
than the risk to which the public at large is exposed, and that your work and/or
workplace significantly contributed to the illness.
 
Section 52(2) of the Occupational Health & Safety Act requires that the
employer provide written notice within four days of being advised that:
A worker has an occupational illness (including COVID-19) from exposure
in the workplace, or
 
If a claim has been made to the WSIB by, or on behalf of, a worker with
respect to an occupational illness, including an occupational infection.
This employer notification must be provided to the Ministry of Labour, Training,
and Skills Development; the Joint Health and Safety Committee; and the
worker’s union.
Does the WSIB cover people for a quarantine period?
 
No, the WSIB does not provide coverage for workers who are symptom-free
and/or have not received a positive COVID-19 diagnosis. This includes workers
who may be self-isolating, or who have been sent home by their employer on a
precautionary basis. However, several local OECTA units have provisions
regarding quarantine periods as part of the local terms of their collective
agreement. Please review the terms of your local collective agreement and/or
contact your local OECTA unit for further information. Local unit contact
information is available HERE.
 
Are WSIB time limits still in place during the COVID-19 state of emergency?
 
Typically, there is a six-month time limit to file a claim for benefits following a
workplace illness or injury. Due to the COVID-19 pandemic, this time limit was
temporarily suspended as of March 16, and will resume September 14, 2020. If
your six-month time limit expires between those dates, your claim will not be
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10/09/2020 COVID-19 and Workers' Compensation: What you Need to Know

denied for missing your time limit. However, as of September 14, the six-month
Subscribe Past Issues time limit will apply. Translate RSS
 
You should attempt to file a claim as early as you are able to do so, and injured
workers and their representatives should act reasonably to provide information
and obtain updated medical information so their claim can be administered in a
timely manner.
 
Can an injured or ill worker mail documents to the WSIB?
 
During the COVID-19 state of emergency, most of the staff at the WSIB have
been performing their job tasks remotely, and the WSIB is not handling
incoming paper correspondence that arrives by mail or courier. Injured or ill
workers should use the electronic document upload feature, available on
the WSIB's website. 
 
If an injured or ill worker has not been provided with a claim number for a new
claim, then any initial documents can be faxed to the WSIB at: 1-888-313-7373.
 
During the COVID-19 state of emergency, the WSIB will continue to send
decision letters and other claim correspondence to injured or ill workers,
workers’ representatives, and employers.
 
Claim files will be sent by the WSIB using secure email. Members or local
representatives who request a copy of a claim file will receive a call from the
WSIB to verify the correct email address, and to obtain permission to send the
claim file electronically.
 
A meeting is required to deal with my return to work. How will that
meeting be conducted? 
 
In most cases, any meetings that were previously conducted in-person will now
be conducted either by telephone or videoconference.
 
Members should contact their local OECTA unit should any concern arise
regarding workers’ compensation. Local unit contact information is available
HERE.

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10/09/2020 COVID-19 and Workers' Compensation: What you Need to Know

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