3 minute read

Workers' Compensation

I thought the pain would go away...

In every sector of the economy, workers often push themselves to do their best and work a hard day. This, however, causes many workers to push through pain and injury. For some, an element of pain is a part of life, but when pain is a result of work duties, there is a process workers must and should follow.

In many claims reviewed by the Workers’ Compensation Department, there are examples of workers who:

• Hurt themselves at work, then went home and took pain medication, used hot/cold packs, and waited for the pain or injury to go away;

• Believed their pain or injury was insignificant;

• Felt they would be bullied, seen as weak or judged by co-workers and management for reporting the injury;

• Believed the injury was just ‘part of the job,’ or;

• Feared losing income, getting in trouble, or being fired from their job.

Sometimes a trip to the first aid station is enough; first aid does not always equal a WSIB claim. But if symptoms persist, the injury could get worse and require a claim. Letting pain persist without proper treatment will:

• Lengthen the WSIB decision-making process;

• Likely see your claim denied for delayed reporting, and;

• Often extend the time it takes to heal and affect your chance of full recovery.

What happens when work-related pain and injury doesn’t go away?

A worker suffering pain that is believed to be workrelated must seek medical treatment with a doctor and report it to the supervisor or employer. Injuries should be reported as soon as possible to the employer and claims MUST be filed with WSIB no later than six months after the injury or diagnosis.

ALL injuries must be reported, especially those that are work related. The employer is obligated to report work-related injuries within three days if the worker requires health care, loses time from work, and/or earns less than regular hours. The employer has seven days to report the injury if the worker only needed first aid or modified work at full pay.

Reporting is not just about WSIB

• An unreported work-related injury means the injured worker loses Workplace Safety and Insurance Act (WSIA) protections including health care, lost time benefits, and more.

• If one person hurts themselves at a task, it could happen to someone else; reporting injuries means hazards are known about and corrected.

• Your employer has a responsibility to provide a safe work environment free from hazards, harassment, and unsafe working conditions. They need to be held accountable.

No matter how trivial an injury may seem, it should always be reported to the employer. And while not every injury reported to the employer needs to be a WSIB claim, delayed reporting can make it difficult, even impossible, to prove that it was work-related.

Remember: Employers cannot punish a worker for, nor deter a worker from, reporting an injury to the WSIB. It is a worker’s legal right to report any/all workplace accidents/injuries and no one can tell a worker not to file a WSIB claim.