WORKER OVERVIEW

Safety first

When you work in Ontario, you have the right to expect a safe and healthy workplace. And you are expected to work safely and try to prevent injuries at work. Wear and use protective clothing or equipment at work, if you need them for safety. Ask for safety training before using special equipment.

If you notice a dangerous situation at work or are worried about your health and safety, tell your supervisor. If you are in a union, you can also tell your union representative. You may refuse to work until the problem is fixed

If you have an injury

If you are injured at work or become sick because of your job, tell your supervisor immediately. Workplace injuries also include many diseases.

It is the law for the employer to tell the Workplace Safety and Insurance Board (WSIB) about the injury or illness within three (3) days after learning about it. If you are injured at work and are able to, sign the Employer's Report of injury/disease. Make sure you complete, sign and return all forms the WSIB sends you if you claim benefits.

If you are injured while working, you may get money to replace your lost wages. You may also receive health care treatments and prescription drugs for the injury. These services are free for workers.

It is often possible for you to return to work while you recover. Your employer must try to give you modified work until you are better. See a doctor to get information about what you can and cannot do when you return to work.

WSIB staff is there to help

WSIB staff can help you. The adjudicator is the decision-maker on your claim. This person decides if you will get benefits, and what benefits you will get. This person will also make sure you are cooperating in your recovery and return to work activities.

As well, the nurse case manager can answer your questions about the injury - how long will it take to recover, what to expect, and how to avoid re-injury.

Work safely, and encourage others to do so.

For help with workplace safety call: 1-800-663-6639.

To make a claim call 1-800-387-0750; for help in another language call 1-800-465- 5606.

Telephone device for the deaf - TTY: 1-800-387-0050.

WSIB COVERAGE - DETERMINING AVERAGE EARNINGS

If you had a work-related injury or illness and lost pay as a result. You are likely entitled to a loss of earnings (LOE) benefit. The Workplace Safety and Insurance Board (WSIB) pays loss of earnings benefits based on eighty-five per cent (85%) of your (take-home) average earnings from before the injury.

The WSIB adjudicator considers your average weekly rate of earnings at the time of your injury (called short-term average earnings) plus your employment pattern when setting benefits. The WSIB bases LOE benefits for up to the first twelve (12) weeks on your short-term earnings. If you have Optional Insurance, the rules are different.

If you require loss of earnings benefits for longer than twelve (12) weeks, the adjudicator may review and adjust your benefits based on your employment pattern and your long-term average earnings.

What are included in the short-term earnings?

Short-term average earnings are your earnings with all employers that you worked for at the time of the injury. This includes full and part-time work for one or more employers.

This means your

• hourly, daily, or weekly rate of pay with your employer at the time of injury . shift differentials, using a weekly average
• vacation pay, if paid in each pay cheque as a percentage of your base rate
• regularly scheduled voluntary overtime (considered regular if you worked overtime in each of the four weeks before the injury)
• mandatory overtime
• regular production bonuses and commissions
• room and board, if these are part of your pay
• hourly, daily or weekly pay with other employers if you held more than one job at the time of the injury (called concurrent employment).

WSIB does not include: occasional overtime earnings or irregular production bonuses and commissions

When do long-term average earnings apply?

If you receive loss of earnings benefits for longer than twelve (12) weeks because of your workplace injury, the adjudicator may recalculate your average earnings based on your long-term earnings pattern. Your LOE benefits may change as a result of this recalculation.

How are long-term average earnings calculated?

The WSIB reviews your work patterns to get an accurate estimate of your long-term average earnings. There are two basic categories of work pattern.

Permanent employment

When your pre-injury job is permanent your long-term average earnings are likely the same as your short- term average earnings. For example, you are employed fifty-two (52) weeks a year with no end date. In this case, we do not automatically recalculate average earnings in the thirteenth (13th) week of loss of earnings benefits.

You may ask for a recalculation if you think your short-term average earnings do not fairly represent your earnings in the year before your injury. For example you may want a recalculation if you worked occasional voluntary overtime or earned occasional bonuses or commissions.

YOUR ACCIDENT EMPLOYER MAY ASK FOR A REVIEW OF SHORT TERM AVERAGE EARNINGS IF YOU WERE LAID OFF DURING THE YEAR BEFORE THE INJURY DUE TO A SHORTAGE OF WORK.

If you or your employer requests a recalculation, the WSIB normally bases long-term earnings on what you earned with the accident employer in the twelve (12) months before the injury.

Non-permanent employment

This type of employment pattern includes workers who are:

• on contract
• hired through a union hall, or .
• seasonal workers.

If this describes you, your earnings likely change from job to job and you are unemployed between jobs. Usually the average earnings calculated at the time of injury are different from long-term average earnings. So that your benefits fairly reflect your earnings, we automatically recalculate your average earnings once you have received twelve (12) weeks of loss of earnings benefits to include earnings from the twenty-four (24) months before the injury. WSIB also includes employment insurance benefits received when unemployed during this period.

What happens when my average earnings are recalculated?

When the WSIB recalculates your average earnings and it results in a higher payment, the new LOE benefit rate begins on the thirteenth week. No retroactive adjustments are made. If a recalculation means a lower payment, the new rate begins on the thirteenth week and no benefit-related debt is created.

Do I have to prove my earnings?

Yes, the adjudicator may ask you for proof of earnings. This may include income statements you gave to Canada Customs and Revenue Agency, like a T4 statement. The WSIB may lower or stop benefits if you do not give us this information. Benefits begin again once WSIB gets this information, but retroactive benefits are not paid.

What if my injury recurs?

If you return to work but later have a recurrence of the injury you may get more loss of earnings benefits. These are based on either your earnings at the time of the most recent employment or of the original injury, whichever is more.