in Ontario, do doctors have to file an injury report to WSIB if you
are hurt at work?
My doctors did not file a report to WSIB, when I was injured.now WSIB says it never happened. And my boss has told them I was hurt before I worked before him, even after I worked for him for several years.
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on Saturday, February 4th, 2012 at 8:52 am and is filed under Injuries.
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Your employer should have reported your injury to WSIB within 3 days of your requiring a doctor’s visit. See below.
Yes he has too.. Did he ask you if it was a work related injury?
Since if it is work related injury , he would have been paid for the visit by WSIB, and part of that is filing a report with WSIB.
It should have been a form 7. DI you employer give you that when you left work? if you present that to your doctor, his duty is to fill it out and mail it in.
You will need to check with your doctor, and have a view of your medical record to see if he marked it as a WSIB claim, and that he filled out the form 7.
You will need records from your doctor showing that you fully recovered from that prior injury before you can claim it as a new injury.
If you can prove that this was not a continuation of the first injury, you can claim a new claim.
The burden is on your doctor to provide WSIB with the relevant info on your prior injury, and your present condition. DOn’t forget it is your employers “DUTY” to give you a form to take to your doctor, as well as file his own report with WSIB.
For now, if you are still injured and with doctors proof, your employer has a ” Duty to accomodate” your injury. He has to accomodate your injury by giving you alternate work up to what is called ” Undue Hardship” which in plain english mean until it would cause him an excessive amount of money or in detrimental to his business. This duty is protected under the Ontario Human Rights code.
If he falls to accomodate your injury, you can file a complaint and they will review it.