Wave: UNITED STEELWORKERS LOCAL 9511

DRIVETEST

Text Box: W.S.I.B. LIAISON

 

Workplace Safety and Insurance Board (W.S.I.B.) Liaison

Wesley Bartley

The Workplace Safety Insurance Board Liaison is the person who is the communication link between the United Steelworker’s Injured Workers Program and the Workplace Safety Insurance Board. The Workplace Safety Insurance Board Liaison will assist if needed, in filling out any WSIB forms that may be required after a workplace injury. The Workplace Safety Insurance Board Liaison will assist/advise any member who was injured in the work place. The Workplace Safety Insurance Board Liaison will work with the United Steelworker’s Injured Workers Program, and WSIB in rehabilitating the member back to work, or any other special needs program that may be required. The Workplace Safety Insurance Board Liaison shall perform such other duties required under the “Constitution of International Union” and as the Local Union may assign.

 

 

 

Text Box: March 21, 2008

Regarding:		Workplace Safety and Insurance Board (W.S.I.B).
			To file a claim or not to file claim? that is the Question...    
                                                                                     

Last week, a member arrived to work at approximately 8:25 am (start time 8:30 am) and as the member was exiting his/her vehicle, he/she slipped and fell while injuring her/him self.  A Good Samaritan helped the injured member inside.  The member placed a cold compress on to the injury.  A Supervisor informs the injured member that this accident will NOT be eligible for W.S.I.B. claim, due to the fact that the accident was not during working hours and did not take place in the workplace, (took place in the parking lot of the plaza where the D.E.C. is located).  The injured member had due regard for his/her colleagues knowing that it was going to be a busy day due to it being the last day of the March break.  Because of this, and the type of Employee he/she is, the Employee continued to work the entire shift and would rest during breaks and lunch.  He/she went to see the doctor the next day.
In this case, was the Supervisor correct in saying at the time that the injured member was not eligible for a W.S.I.B. claim? 
No, the Supervisor made several bad errors in judgment.  The Supervisor should have strongly considered professional medical attention once the injury was known, and should possibly have provided transportation to a medical facility.  Due to the nature of the injury, the member risked worsening the injury by working the entire shift.  
The Supervisor should have not have told the injured member that this accident is NOT eligible for W.S.I.B. claim, due to the fact that the accident was not during working hours and did not take place in the workplace.  In this case, it is highly probable that the injured member will be entitled to a W.S.I.B. benefit.  Furthermore, the Supervisor should have filled out the necessary W.S.I.B. forms that are required of the management.  (Form 6 and 7)

Policy:
A personal injury by accident occurs in the course of employment if the surrounding circumstances relating to place, time, and activity indicate that the accident was work-related.

Guidelines:
In determining whether a personal injury by accident occurred in the course of employment, the decision-maker applies the criteria of place, time, and activity in the following way:

Place:
If a worker has a fixed workplace, a personal injury by accident occurring on the premises of the workplace generally will have occurred in the course of employment. A personal injury by accident occurring off those premises generally will not have occurred in the course of employment.

If a worker with a fixed workplace was injured while absent from the workplace on behalf of the employer or if a worker is normally expected to work away from a fixed workplace, a personal injury by accident generally will have occurred in the course of employment if it occurred in a place where the worker might reasonably have been expected to be while engaged in work-related activities.

Time:
If a worker has fixed working hours, a personal injury by accident generally will have occurred in the course of employment if it occurred during those hours or during a reasonable period before starting or after finishing work.

If a worker does not have fixed working hours or if the accident occurred outside the worker's fixed working hours, the criteria of place and activity are applied to determine whether the personal injury by accident occurred in the