Employer reporting obligations remain unchanged should an employee report they have been diagnosed with COVID-19.
The employer is responsible for filing a Form 7 with the details (they have obtained through their usual inquiry process when a work injury is reported). That is, a Form 7 need only be submitted IF A DIAGNOSIS of COVID-19 has been given by a doctor.
If an employee has not been diagnosed but believes they were exposed, AT WORK, to the COVID-19 virus, the employee should complete a Worker’s Exposure Incident Form. A copy of that form should be provided to the employer at the time the employee submits it to the WSIB. Note, for the construction industry, the form is a Worker’s Exposure Incident Reporting form. Both forms are available online at www.wsib.ca.
Legislated Limitation Periods Suspended
Due to the COVID-19 pandemic, the Ontario Government issued a regulation under the Emergency Management and Civil Protection Act, extending, temporarily, the following time limits:
Reporting
- 3 day limit for an employer to report injuries/illnesses
- 6 month limit for a worker to file a claim
- 10 day requirement to notify a material change by a worker or an employer
- 3 month time period to make an out of province or 3rd party action
Appeals
- 30 day time limit objecting to return to work decisions
- 6 month time limit objecting to any other WSIB decision for a claim or account
As this is a historical time resulting in unprecedented process changes, should your organization require the assistance of a paralegal with 35+ years’ experience in navigating the WSIB system and successfully providing employers with solutions, please contact my office
