If an employee at your workplace was injured or became ill on the job, would your company know what forms must be submitted by law, when, and to whom? In Ontario, the Workers’ Compensation Act and the Occupational Health and Safety Act have requirements for recording or reporting workplace injuries and illnesses. To comply with the Workers’ Compensation Act, your company must follow the procedures and use the forms provided by the Workers’ Compensation Board.
Workers’ Compensation Act
This Act has specific requirements in two main areas: first aid and accidental injury or disease.
First Aid
Keep records of all first aid treatment or advice given to employees who are injured or become ill on the job. Whenever an employee requires more than first aid or advice, complete and give the employee a Treatment Memorandum (WCB Form 156) to take to the doctor or hospital.
Accidental Injury or Disease
Employers, employees, and health care practitioners are required to submit reports as outlined below. Make sure employees understand their obligation in this respect.
Employer’s Reports
Complete and submit an Employer’s Report of Accidental Injury/Industrial Disease (WCB Form 7), within three calendar days, each time that a work-related injury or disease: disables a worker from earning full wages; or results in the worker requiring health care. If the accident results in a fatality, state this clearly on the form.
If you doubt the employee’s version of the accident or injury, state this in the appropriate space in the form. Attach a letter asking for an investigation, and give your reasons for this request.
This form must be completed by the manager or another authorized representative. Send the original to the Board; give the pink copy to the worker; and keep the yellow copy for your records. When the Board assigns a claim number, attach it to your copy of Form 7. Make sure that you quote this number on all future reports to the Board.
Employee’s Reports
The Board will send an Employee’s Report of Accident (WCB Form 6A) to the employee for completion. The Board will also advise the employee of the assigned claim number.
Health Practitioner’s Report
The employee’s physician must submit initial reports to the Board as follows: Physician’s First Report (WCB Form 8); or Physician’s Report of Death (WCB Form 10); Dental Report (WCB Form 8B); Chiropractor’s First Report (WCB Form 8C).
Progress Reports
After a claim is allowed and initial payment made, the Board will request periodic reports from the employer, employee and the health care practitioner. Complete and return an Employer’s Progress Report (WCB Form 42) each time you are asked to do so. The Board will send the worker an Employee’s Progress Report (WCB Form 41) to complete. They will also give the worker a Doctor’s Progress Report (WCB Form 26) or Chiropractor’s Progress Report (WCB Form 26C). It is up to the employee to take the form to his or her doctor.
Employer’s Subsequent Statement
When the employee returns to work, complete and submit an Employer’s Subsequent Statement (WCB Form 9) to the Board, giving the following information: the exact date the employee returned to work; the type of work being done (regular or modified); employee’s earnings (indicate any changes).
Fatality or Critical Injury
If a worker is killed or critically injured on the job, immediately notify the following: Ministry of Labour Inspector; joint health and safety committee or health and safety representative; trade union, if any. Follow this up within 48 hours, by a written report containing the following; company name and address; nature of injury and description of the accident; a description of the machinery or equipment involved; time and place of the accident; name and address of the victim; names and addresses of witnesses; the name and address
of the attending physician.
Disabling Injury or Occupational Illness
In the case of a disabling injury or work related illness (that is, if the employer is advised of a work related illness of a worker or former worker, or is advised of a claim for a work related illness filed by or on behalf of a worker or former worker) give written notice within four days, to the following: Ministry of Labour Director; joint health and safety committee or health and safety representative; trade union, if any. It should contain the following information: company name and address; nature of injury and description of the accident;
a description of the machinery or equipment involved; time and place of the accident; name and address of the victim; names and addresses of witnesses; the name and address of the attending physician; the type of business conducted; steps taken to prevent
a recurrence. A copy of WBC Form 7 may be submitted with respect of the injury or illness. Before giving copies of Form 7’s to your health and safety committee, or the trade union, make sure that you delete all personal information such as an employee’s SIN, age, earnings and past medical history.
