Health & Safety
Workplace Safety & Insurance Board
ONA lobbies the government and the WSIB directly about its policies and practices. We have been at the forefront in raising health and safety awareness and holding employers accountable for workplace illness and injury prevention. With the support of labour partners and allies, we rally the WSIB and employers to help improve their health and safety practices.
We represent members in appeals of WSIB denials of claims and adverse decisions before the WSIB Operations and Appeals Services Divisions as well as before the Workplace Safety and Insurance Appeals Tribunal (WSIAT), the independent tribunal and final level of appeal.
Of significance, we led the first case that successfully challenged the constitutionality of the mental stress provisions of the Workplace Safety and Insurance Act (WSIA). The provisions state that there will be no compensation for mental stress that is not “an acute reaction to a sudden and unexpected traumatic event” essentially excluding all work-related, gradual onset stress conditions from being eligible for compensation.” Since this decision was released on our case, there have been more successful cases on this issue.
The WSIB Appeals Process is complicated and lengthy. For instance, the WSIAT has a waiting time of up to three years from the date a Notice of Appeal is filed to a hearing date.
The WSIB Appeals Team helps members navigate through the complex appeals system and supports members through their appeals claims. The team handles about 300 members’ files at any given time.
Many delays and complications can be avoided by following some basic steps when injured at work and when filing a WSIB claim. Most important: report it. If you feel pain at work, however minor, report it – complete an employer incident report, even if nothing comes of it or the pain goes away completely. If you require medical attention, or must stop working and/or lose time from work, file a WSIB Claim.
We have produced a detailed guide for dealing with the WSIB in filing claims and appeals. The Workplace Safety and Insurance Board: A Guide for ONA Members can be downloaded here. A hard copy can be obtained by contacting the ONA mailroom or the ONA WSIB Intake line.
Our interactive Ask a Specialist sessions give our members and leaders the opportunity to learn directly from staff specialists on a range of topics. Sessions on WSIB issues run virtually via Zoom, the fourth Tuesday of each month from 11 a.m. to noon ET.
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