5 Ways Employers Can Reduce WSIB Claims Costs
Make health and safety practices as equally important as any other aspect of your operations.
Each day there are usually huddles directing employees on the expectations of the day—whether it is productivity, service delivery, sales or whatever is your business activity. Employers who make health and safety as part of their daily huddle typically see fewer workplace injuries. This same approach is true for the senior management team and board room. What’s on the agenda today? Health and Safety, I hope.
2. Get The Facts!
Knowing the actual events, circumstances and details of what led to the injury is key. Speak truth when reporting to the WSIB. This requires an employer to thoroughly gather all information from all sources prior to sending in the Form 7. More often than not, my office receives supervisor “investigations” as a form that was checking the boxes.
My office would like to see a detailed signed statement made by the employee which was used by the supervisor to start gathering the facts. That is, the supervisor should be speaking with the employee directly and reviewing the employee’s statement—any new information given by the employee verbally should be added, by the employee, to their statement. From there, the supervisor focuses on validating the employee’s statement by visiting the site of the accident, meeting with co-workers, and obtaining all related information. Once these facts have been gathered, then the supervisor can prepare a report using the questions on a form as their guide.
With the supervisor’s report and the employee’s statement, my office has a comprehensive understanding of the facts that led to the employee’s injury. Therefore, we are able to determine whether the legal test for an allowable WSIB claim is met.
3. Always Offer Modified Duties
Whether you have functional information or not about an employee’s capabilities, an employer should make an offer, in writing, to the employee of available duties/tasks. Identifying the work can be approached by knowing the body part injured and referring to “standard limitations” for that particular part of the body.
The offer should be made even when functional information indicates to remain off work. At times, the attending health care practitioner is unaware of the opportunities an employer has to accommodate an employee. Putting it in writing, sending it to the employee, health care practitioner and WSIB ensures that everyone is now aware of the availability of modified work.
4. Seek Clarity When Work Is Declined
Always, always, ask “Why?”. Why did the employee decline the offer of work? What medical reason did the health care practitioner rely upon to deem that the employee could not perform the work? What facts did the WSIB turn to in reaching their decision that the work was not suitable?
As an employer, you should attempt to remove any of the barriers identified through your question of “Why?”. A further written explanation to the employee, health care practitioner and WSIB responding to the barriers identified is necessary. Again, to ensure everyone is aware of the steps the employer can take to ensure the return of the employee will not cause any harm to their recovery from the workplace injury.
5. Appeal Within Legislated Time Frames
The WSIA, 1997, and WSIB operational policies set out the parameters for appealing a WSIB decision.
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
The appeals process allows for a fresh look at the facts. In order to move through the appeals process though, the employer (or the employee) must submit an “Intent To Object” (ITO) form (available at www.wsib.on.ca/forms) identifying the decision. This form MUST be submitted with the above time frame.
If there is any concern about the decision or the employer believes there is missing information, then an ITO should be prepared and submitted within the appeal time frame. Note, the clock starts from the date on the decision letter not the date it was received by the employer.