Workplace Injury/WSIB

In 1915, the right of Canadian workers to sue their employers for workplace injuries and illnesses was substituted with the creation of a no-fault workers’ compensation insurance system. This was coined “the historic compromise”. Each province’s compensation system varies in scope, coverage, liability protections and benefits.

Thus, most employees injured while working in Ontario, whether for a Federally or Provincially regulated employer are bound by the Workplace Safety and Insurance Act in respect to the process of making a workplace injury (occupational) claim.

The Workplace Safety and Insurance Board (WSIB) is an agency of the Ontario government that administers the workplace safety and insurance system.

For more information on the history of Canada’s compensation system please visit:

TCRC Members – Workplace Injuries

If you get injured at work, what should you do first?

Attached is a letter to TCRC members regarding how/when to file a workplace injury claim. 

1. Tell your immediate supervisor about your injury by the means available – in person, by telephone or by radio. If working on the mainline, report the injury to the RTC on your territory.

2. Obtain the appropriate first aid treatment at work using the first aid station available. If more than first aid is required, get medical attention right away at a hospital, walk-in clinic or with your family physician.

3. Your employer is required by law to pay for transportation to the doctor’s office, hospital emergency or to your house on the day of the injury.

4. While the employer may recommend a doctor, the worker can go to the doctor of his or her choice.

5. Inform the health care practitioner that this was a workplace injury and give a detailed account of the accident and the work duties that you regularly perform.

6. Health Care Providers (doctors, chiropractors, nurse practitioners, physiotherapists) are required to report the first treatment of a work-related injury if reported as such in a WSIB Form 8.

7. Inform the Health Care Practitioner of ALL areas of injury. For example, if you suffered a low back injury and your right elbow and shoulder are also involved in the incident.

When should you file a WSIB Claim?
  • If you were injured in an accident at work (sudden back pain after throwing a switch; sudden ankle pain after rolling an ankle on uneven ground; sudden knee pain after detraining on moving equipment)
  • If you develop medical problems you think are caused by the type of work you do on the railway (for example – a gradual pain in the shoulder that eventually was diagnosed as a rotator cuff tear could be related to work duties performed over time).
  • If you develop a disease or medical problem that may be caused by work exposure (for example, exposure to noise or chemicals).
Required WSIB Forms
There are 3 WSIB Forms required to determine and establish a WSIB Claim for entitlement – Forms 6, 7 & 8.
Form 6: WSIB Worker’s Report of Injury/Disease. 

This Form is your report of your injury. In your own words, please provide a detailed account of the mechanics of your injury. You are required by law to provide a copy of this form to your employer. You can complete the Form 6 via the WSIB website (https://www.wsib.ca/en/form/reporting-2). Your Employer can also provide the WSIB Form 6 to you. If you require assistance filling out the Form 6 contact your Legislative Representative.

Form 7: WSIB Employer’s Report of Injury /Disease.

Your employer sends in a Form 7 once a worker receives health care and/or is losing time from work; and, provides WSIB with earnings information and details the employer’s version of your injury. The employer is required by law to provide the worker with a copy of this form.

Form 8: Health Professional’s Report.

This is the health care report required for the first assessment by a Health Care Practitioner. The second page of the WSIB Form 8 lists functional limitations and restrictions that many apply. This page is given to a worker and you are required to give the information on functional abilities to your employer. Your employer is only required to be aware of your functional abilities and not your diagnosis, medication or treatment. The Health Care Professional automatically sends in the WSIB Form 8 to WSIB and provides Page 2 to the worker. Provide this page to your employer and to the union. Your Health Professional can obtain a copy of this form via the WSIB website (https://www.wsib.ca/en/healthcareforms)

No Lost time claims

A claim to the WSIB does not necessarily mean that you require time off work, the injury or illness may only require health care related benefits ( ie, physiotherapy, psychological services etc) while you continue to work your pre injury job or require an accommodation of modified duties.

Lost time claims
If the Health Care Provider states in writing that you are not fit for regular duties; this information must be forwarded to your employer. Your employer can offer modified/transitional work duties.
Discuss the modified duties with your Medical Professional to ascertain if you are able to perform the work.
No Fault System
WSIB is a no-fault system. That means you do not need to show that the accident was your employer’s fault to get benefits.
If in doubt. file a WSIB Claim
have the right to seek medical attention immediately. Your employer may request a re-enactment prior to seeking medical treatment. If your injury is such that you feel you can participate in a re-enactment of the accident prior to receiving medical attention, ensure that a co-worker or member of the Health and Safety committee is present at the re-enactment. It is your right to seek medical attention as soon as possible after the injury occurs.
For Contact Information for the WSIB
  • Phone- 416-344-1000, Fax 1 888-313-7373
  • Website: www.wsib.ca
Links: