Duty to Co-operate: WSIB Claims

August 15, 2017 at 12:09pm

Workers Comp Claims & Appeals: Duty to Co-operateInformation adopted from the Ontario Worker Adviser (OWA) website. Used with permission.

What Is My Duty to Co-operate?

To receive benefits from the Workplace Safety and Insurance Board (WSIB), you must co-operate with WSIB and your employer. If WSIB decides that you are not co-operating without a good reason, your benefits and services may be reduced or taken away until you co-operate.

What Must I Do to Co-operate?

Under the Workplace Safety and Insurance Act, 1997, you must co-operate by doing the following:

  • Give WSIB any information required to decide your claim.
  • Agree in writing when filing your claim to let your treating doctor (or other health care professional) release functional abilities information to your employer.
  • Contact your employer as soon as possible after your injury and stay in touch with your employer throughout the period of your recovery or disability.
  • Help your employer find work that is suitable, available, within your functional abilities and, where possible, restores your pre-injury earnings.
  • Help prepare a return to work program and follow that program.
  • Give WSIB any information required about your return to work.
  • Co-operate in all aspects of a work transition (formerly, labour market re-entry) assessment or plan.
  • Co-operate in the health care and treatment prescribed by your treating doctor (or other health care professional) and approved by WSIB.
  • Attend a health examination if requested by WSIB, your treating doctor, or other health care professional.
  • Attend a health examination that your employer requested and that WSIB has directed you to attend. (Find more information on objecting to an employer-requested health examination here.)
  • Report any material change in circumstances to WSIB within 10 days of the change.

What If I Have a Good Reason for Not Co-operating?

WSIB will not reduce or take away your benefits when you have a good reason for not co-operating. Examples might include: An unexpected illness or accident; A death in the family; or, severe weather conditions that prevent you from attending a scheduled appointment. When you have a good reason for failing to meet an obligation, you should advise WSIB as soon as possible.