EMPLOYER ACCIDENT REPORTING OBLIGATIONS

Workers are covered by the Workplace Safety and Insurance Act (WSIA) if they are incapable of working due to a workplace-related injury or illness.

Workplace Safety Insurance covers employees for lost wages as well as health benefits, rehabilitation treatments, and prescription drugs. The program is courtesy of the Workplace Safety and Insurance Board (WSIB), where every employer has the right to file a complaint/ contest it in "court near me."

WHEN NOTICE IS REQUIRED

Employers must notify the WSIB or court near me of a work-related accident if they learn that a worker requires medical attention and/or:

• Is unable to work on a regular basis.
• Gets less than average compensation for customary labor (e.g., part-time hours),
• Needs modified work at less or justice of peace than regular pay for more than seven calendar days after the accident,
• Or requires modified work at steady income for more than seven calendar days after the accident.

Employers/ lawyers near me should examine the following factors when considering whether or not to report an injury in which a worker requires modified employment at regular pay for more than seven calendar days:

• Workers who work shifts or have irregular schedules must not work on the eighth calendar day. If the worker needs modified work on the first shift after the eighth calendar day, the employer must notify the accident.
• Workers who require modified work for less than seven calendar days return to regular employment for a brief period and then need further modified work without their seven-day period reset. The duty to report in these circumstances is dependent on whether the worker requires modified work after the first seven calendar days following the injury or not.
• Suppose a worker returns to regular work but later requires modified work for more than seven calendar days after the modified work began. In that case, the employer must report the accident to the justice of peace or court near me.

The choice of calendar days reflects the WSIB's belief that if an injury prevents a worker from returning to regular employment after a week, health care is there regardless of the number of days worked.

WHEN NOTICE IS NOT REQUIRED

Employers/ lawyers near me are not obligated to disclose a workplace injury if the employee:

• Receives just first aid and requires modified work at regular pay for seven calendar days or less after the injury, or does not receive first aid but requires modified work at steady income for seven calendar days or less.
• If a worker has been exposed to or gets under the eye of having been exposed to infectious disease due to a needle stick injury, specific regulations apply.

Guidelines: Definition of health care

Health care includes:

• Services requiring the professional abilities of a health care practitioner are in health care (e.g., doctor, nurse, chiropractor, or physiotherapist).
• Entitlement to Health Care.
• Hospitals and health centers give prescription drugs or services.

DEFINITION OF FIRST AID

The term "first aid" refers to a one-time treatment or care as well as any follow-up visit(s) for the sole purpose of observation. The following items are included in first aid but are not limited to:

• Minor cuts, scrapes, or scratches must get clean.
• Administering bandages and/or dressings, applying a cold compress, cold pack, ice bag to a bit of burn, using a splint, or changing a bandage or dressing after a follow-up observation.

ACCIDENTS REQUIRING HEALTH CARE

When determining whether an accident should be reported to the WSIB because "care" was provided to the worker, the employer should look at the sort of care supplied rather than the provider's professional credentials or the location of the care.

• When a health care practitioner could have only delivered a worker and the treatment obtained, the employer must notify the injury to the WSIB or hire "lawyers near me" to do the same on their behalf.

It is necessary to report the accident regardless of whether:

• The employer reimburses the healthcare provider for the services rendered,
• And/or the healthcare provider treats the employee on the employer's premises.

If a worker receives first assistance from one of the following, the employer is not obligated to report the injury to the WSIB.

• When the first aid did not need the practitioner's professional expertise, a coworker, manager, layperson, or health care practitioner must do it.

Example (First Aid)

A worker walks to the first aid facility to get a minor cut dressed by a trained nurse. The employer must report the accident because the worker only received first aid, even though the registered nurse is a health care practitioner.

Example (Health Care)

A worker walks to the first aid facility to get a minor cut dressed by a trained nurse. When the company doctor learns of the occurrence, he thinks that the employee should have a tetanus vaccine. Because a tetanus shot is considered health treatment, the employer must report the accident even if the employee returns to work on the same shift.

REPORTING DISEASES

Employers are obligated to disclose to the WSIB if a worker claims to have developed a sickness as a result of occupational exposure, as mentioned before in the section "When notice is mandatory."

EXPOSURE TO CONTAGIOUS DISEASES THROUGH NEEDLE STICK INJURY

When a worker shows or catches the suspension of having been exposed to an infectious illness through a needle stick injury, some employers, such as hospitals, adopt a surveillance policy (a system for testing and monitoring). These employers must keep track of the occurrence and any testing and monitoring that took place to ensure they have facts to present in front of the court near me.

An employer is not required to file an accident report if a worker who follows a surveillance plan tests negative for exposure to an infectious illness as a result of a needle stick injury. The employer must notify the WSIB if the worker tests positive for contagious disease or requires any form of treatment as a result of the incident.

If the person tests negative but claims an emotional response following the occurrence, the employer must report the accident.

If a health care practitioner offers post-exposure prophylaxis (PEP) in circumstances where HIV infection is suspected, the employer must disclose the accident.

Suppose a worker is suspected of being exposed to infectious disease due to a needle stick injury but refuses to engage in the WSIB's surveillance program. In that case, the employer must report the accident to the WSIB.

Employers who do not follow a monitoring protocol must report when a worker gets exposure to an infectious virus through a needle stick injury or a suspension of having been exposed to one.

HOW EMPLOYERS REPORT THE ACCIDENT

The WSIB collects accident information from employers using a variety of forms. In every scenario, the information provided must be sufficient for the WSIB to process a claim.

As a result, the WSIB permits the employer to report the accident using an:

• Form 7: Employer's Report of Injury/Disease (Form 7).
• Employer-created WSIB-approved accident reporting form or WSIB-approved electronic reporting form.

Form 7

All references to Form 7s in this text pertain to WSIB-approved accident report forms unless otherwise stated. In terms of format and substance, an accident reporting form generated by the employer, or an electronic reporting form, must be an identical replica of Form 7. Before you utilize the document, you must get approval from the WSIB.

Employers may supply extra information to the WSIB regarding the claim in addition to completing Form 7.

Workers must obtain a copy of the accident report they provide to the Workers' Compensation Board (including any supplementary information provided by the employer).

AUTHORIZATION

A completed Form 7 must get authorization by the employer or a company representative to be deemed valid (e.g., a bookkeeper, safety representative, or an accountant).

Those who have purchased optional insurance and are sole proprietors or independent operators may authorize a report of their accident. Optional insurance may not be available to partners and executive officers.

REPORTING DEADLINE

The WSIB must obtain a complete accident report from an employer within seven business days of the employer being aware of the reporting requirement. (Business days are Monday through Friday, excluding statutory holidays.)

The nature of the worker's claim determines the employer's reporting duty in every situation. If a worker is wounded and seeks medical attention on the same day, the reporting requirement begins immediately. If, on the other hand, a worker is injured and returns to modified work at regular pay without seeking medical attention, the reporting obligation does not usually start until the eighth calendar day.

CLAIM SET UP USING ANOTHER FORM.

The WSIB requires that Form 7 is complete whenever you file a claim using Form 6 (Worker's Report of Injury/Disease) or Form 8 (Health Professional's Report). The WSIB gives the employer an additional seven working days to submit the Form 7 data.

Suppose the WSIB concludes that the employer was aware of the reporting obligation before receiving the Form 7 request. In that case, the seven-day period begins on the date the employer became aware of the responsibility.

EMPLOYER'S FAILURE TO COMPLY

• The WSIB will impose a $250 late reporting penalty at the initial entitlement stage of a claim or a $1000 penalty for accidents filed after more than 30 days. Delays caused by inefficiency in the administrative operations of the company are not acceptable excuses for delay.

Separate $250 penalties might be additionally applicable for:

• Incomplete reporting, failure to provide a copy of Form 7 to the worker, and
• Failure to report on a pre-approved version of the form.

If the employer fails to answer further requests for information or a recurrence occurs, the WSIB may impose these penalties again. Employers might face prosecution if they fail to comply with reporting responsibilities, which is a crime under the Workplace Act of 1997.

OBJECTIONS TO PENALTIES

When a decision-maker considers an employer's objection to a penalty, the decision-maker looks at the company's accident-reporting penalty history to see if there is a pattern of late or incomplete reporting.

FEDERAL GOVERNMENT

The Government Employees Compensation Act provides workplace insurance to federal departments, Crown companies, and agencies (GECA).

Employment and Social Development Canada must countersign Form 7 to identify the claim as a federal accident report covered by GECA before the WSIB can adjudicate a claim for an employee covered under GECA.

While the WSIB does not relieve federal employers from their general reporting duties, it does free them from late reporting fines due to the counter-signing requirement.

For more information on WSIB or Employer's Accident-Reporting Obligations, visit Allied Paralegal services today.

Source: EMPLOYER ACCIDENT REPORTING OBLIGATIONS