How and when must I report a workplace injury or accident?

If you missed the 6-month deadline, you should still file your claim with the Workplace Safety and Insurance Board (WSIB) and explain why you didn’t file it earlier.

To file a form or document means giving it to the WSIB and following the rules about how to do this.

If you missed the deadline or the WSIB won’t let you file your claim because it’s late, get legal help right away.

Extending the deadline

The WSIB can extend the deadline for filing your claim if:

• you’re waiting to hear if you can sue someone instead of claiming WSIB benefits
• you’re not physically or mentally able to fill out the Worker’s Report of Injury/Disease (Form 6) and to give the health professionals who treat you permission to report on your abilities to your employer and the WSIB
• a law changed and now you might be able to get a benefit that you couldn’t get in the past
• you made a claim for benefits in another province by mistake
• your employer didn’t file an Employer’s Report of Injury/Disease (Form 7) and forced you not to file a Form 6

Extending the deadline for “exceptional circumstances”

The WSIB can also extend the deadline for filing if something exceptional happens in your life, for example:

• you or a close family member have an accident or serious health problems
• you had to leave the province because a family member was sick or died
• you didn’t understand that there were deadlines or what would happen if you didn’t meet them
• you told your employer, a health-care professional, or co-worker about your accident, but didn’t know that you also had to report it to the WSIB

Giving the WSIB a good reason

The reasons listed above are just examples of when the WSIB might extend the deadline.

The WSIB can consider other reasons as well. But, you need to give them a good reason why you didn’t file your claim on time.

The Workplace Safety and Insurance Board (WSIB) has a Reference Guide for Workers. It describes in detail how to fill out each section of the Worker’s Report of Injury/Disease (Form 6).

Describe your accident or illness

When filling out a Form 6, make sure to give as many details as possible about your injury, including:

• exactly what happened and how, for example, you were bending down to put boxes on a shelf
• who was there when it happened
• anything unusual about the work area or conditions, for example, the floor was wet and slippery
• what time or how long into your shift it happened
• what parts of your body were injured
• what you felt when you were injured, for example, a sharp pain or a burning feeling

Give details about your earnings

Form 6 asks about your usual pay and whether you were working for more than one employer.

It’s very important to tell the WSIB about all of your earnings, including overtime, shift premiums, and wages from other jobs. You can put this extra information in the section called “Additional Information” at the end of the form.

Sign the form

The e-Form 6 has a box that you check off when you’re done and the written form has a place for your signature.

By checking off the box or signing the form, you’re:

• stating that the information you filled out is true, and
• agreeing to let your doctor give information to your employer and the WSIB about what parts of your job you can or cannot do. The law says you must agree to this if you want to claim workers’ compensation benefits.

If you used the e-Form 6, you send the form electronically once you’ve filled it out. When you do this, you get a confirmation number from the Workplace Safety and Insurance Board (WSIB).

If you filled out a print copy of the Worker’s Report of Injury/Disease (Form 6), it’s best to fax it to the WSIB or you can mail it. Fax and mailing information for the WSIB is on the form.

Giving a copy to your employer

You must give a copy of your Form 6 to your employer.

When your employer finds out about your injury, they must send an Employer's Report of Injury/Disease Form 7 to the WSIB within 3 business days of learning about your injury or accident.

Opening a claim file

Once the WSIB gets a Form 6 from you, a Form 7 from your employer, or a Health Professional's Report (Form 8), they open a claim file for you.

The WSIB should also send you a letter telling you what your claim number is. Any time you contact the WSIB, they’ll ask for your claim number. So make sure to keep it where you can easily find it.

If you don’t get this letter within 1 week of reporting your accident, contact the WSIB to find out why.

Getting a decision from the WSIB

The WSIB can take 12 weeks or more to decide a claim. They must send you their decision in writing.

If you don’t agree with the decision, you can appeal. The appeal process is started by submitting an Intent to Object Form.

The decision letter from the WSIB tells you:

• how to get an Intent to Object Form from the Board website or by telephone and
• the deadline to submit the Intent to Object Form, which is usually 6 months from the date of the WSIB decision but sometimes as short as 30 days. The WSIB takes these deadlines very seriously.