COVID-19 and WSIB

OPSEU received an update from WSIB related to the COVID-19 pandemic and the state of emergency in Ontario.  
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Suspending legislated time limits

Last week, the Government of Ontario issued a regulation under the Emergency Management and Civil Protection Act, suspending legislated limitation periods for the duration of the state of emergency.

As a result, we are temporarily extending the following time limits:

• six-month time limit after an injury or illness to file a claim for benefits
• six-month time limit to file a claim for benefits following a WSIAT decision
• 30-day time limit for objecting to a return-to-work decision
• six-month time limit for objecting to any other decisions related to a WSIB claim or account

The suspension applies to any time limits that expired on or after March 16, 2020 and will remain in effect until further notice.

Procedural time limits

We continue to expect employers and injured or ill people to make all reasonable efforts to meet the normal procedural timelines, unless they are prevented from doing so due to the state of emergency. Examples of such situations might include an employer needing to focus on setting up their staff to work remotely, or a small employer themselves being struck by the virus.

In such cases, decision makers will use their discretion to reasonably extend the following timelines:

• three-day time limit for an employer to notify the WSIB of an injury or illness
• 10-day deadline for an employer or an injured or ill person to report a material change in circumstances
• three-month time period to make an out-of-province or third-party election

Filing WSIB COVID-19 claims

The information below outlines how and when people should file claims related to COVID-19. Please share this information with your members.

While the nature of some people’s work may put them at greater risk of contracting the virus, for example those treating someone with COVID-19, any claims received by the WSIB will need to be adjudicated on a case-by-case basis, taking into consideration the facts and circumstances. 

• If you contracted COVID-19 while at work (you have a diagnosis or symptoms of COVID-19), you may file a claim to determine if you are eligible for WSIB coverage. 
• If you believe you were exposed to COVID-19 while at work, but you are not ill at this time (you do not have a diagnosis or symptoms of COVID-19), please do not file a claim. Instead, you can file an exposure incident form through our Program for Exposure Incident Reporting (PEIR) or Construction Exposure Incident Reporting (CEIR) programs. These are voluntary reporting programs and you will be assigned an incident number. If you become ill in the future, we'll be able to process your claim faster. 

To report an exposure, please complete and fax the appropriate form below to 1-888-313-7373 or call the WSIB at 1-800-387-0750, Monday to Friday, from 7:30 a.m. to 5 p.m. 

All industries (except construction): Worker's Exposure Incident Form (PDF) or Employer’s Exposure Incident Form (PDF)
 
Construction sector: Worker's Construction Exposure Incident Form (PDF) or Employer's Construction Exposure Incident Form (PDF) 
 
For additional information, please visit the WSIB website.