When does Workers’ Compensation come into play?
When it comes to injuries at the workplace, employees have a number of questions to ask. As an employee, it is important to understand when your workplace injury may be covered under Workers’ Compensation. It is also important to understand what is covered under workers comp and what is not and how the system works.
Workers’ Compensation is governed by independent agencies like the Workplace Safety and Insurance Board and is administered under laws such as the Workplace Safety and Insurance Act. These agencies and laws are in place to provide support and insurance for workers who are injured on the job. If an employer participates in the WSIB system, then the employees working under that employer will be covered by WSIB.
Employers in certain industries and sectors are required to participate in the WSIB system. These include employers in the manufacturing sector and construction business. Retail workers, restaurant workers and those in the food industry, as well as doctors, nursing, and other hospital staff, all have to participate in the workers comp program. Government employees are also covered under workers comp.
Employers that do not have to participate in the WSIB system include schools and universities, funeral homes, dental offices and veterinary offices. Apart from these, employers may still choose to participate in the WSIB program.
How does one file a claim?
Employees who are covered under workers comp do not have to register themselves in advance. They can file a claim if they are injured at work.
Before an employee files a workers comp claim, it is important that they understand whether their injury is eligible or not. Therefore, the first and most important thing to understand about WSIB benefits is that they can be claimed in case the employee faces loss of earnings. The benefits aim to replace lost wages due to a workplace injury.
The next thing to understand about workers comp is that not all lost wages are covered under workers comp. Only a percentage of the lost earnings are covered under workers’ comp. There is also an annual limit on the benefits that can be claimed through WSIB.
Other benefits are also provided under WSIB, including compensation for survivors of workers who are killed on the job. However, there are rules in place for each of the benefit types.
When to contact a lawyer?
If an employer is participating in the WSIB program, any injured employee working under them will be entitled to WSIB benefits. Even if the employer is not participating in WSIB, because they are not required to, the employer can still choose to buy in to provide compensation to an injured employee. In that case, the injured employee will be covered by WSIB benefits.
If you are injured at the workplace and your employer informs you that they have not been paying for WSIB benefits, or that your injuries are not covered under workers’ comp, you may have to contact a lawyer who specializes in workers comp. You will have the option to file a personal injury case in case you cannot file a workers’ comp claim.
A Guest post from R. Shane Seaton
An attorney from Big Spring, Texas. Mr. Seaton is extremely thorough, competent, and detail oriented. He will use every resource available to answer your legal questions and explain your legal options.