What is my duty to co-operate?
In order to receive benefits from the Workplace Safety and Insurance Board (WSIB), you must co-operate with WSIB and your employer. If WSIB decides that you are not co-operating without a good reason, your benefits and services may be reduced or taken away until you do co-operate.
What must I do to co-operate?
Under the Workplace Safety and Insurance Act, 1997, you must co-operate by doing the following:
- give WSIB any information required to decide your claim,
- agree in writing when filing your claim to let your treating doctor (or other health care professional) release functional abilities information to your employer (see Filing a Claim),
- contact your employer as soon as possible after your injury and stay in touch with your employer throughout the period of your recovery or disability,
- help your employer find work that is suitable, available, within your functional abilities and, where possible, restores your pre-injury earnings (see Early and Safe Return to Work),
- help prepare a return to work program and follow that program
- give WSIB any information required about your return to work,
- co-operate in all aspects of a work transition (formerly, labour market re-entry) assessment or plan (see Work Transition),
- co-operate in the health care and treatment prescribed by your treating doctor (or other health care professional) and approved by WSIB,
- attend a health examination if requested by WSIB, your treating doctor, or other health care professional,
- attend a health examination that your employer requested and that WSIB has directed you to attend (for information on objecting to an employer-requested health examination, see Employer-Requested Health Examinations),
- report any material change in circumstances to WSIB within 10 days of the change (see Material Change in circumstances).
What if my employer and I have trouble co-operating in my return to work?
You should tell WSIB about the problem as soon as it becomes clear. If you and your employer have trouble co-operating in your return to work, WSIB will get involved and try to solve the problem. For more information, see Early and Safe Return to Work.
How will I know if WSIB believes I am not co-operating?
If WSIB believes you are not co-operating, you should be reminded verbally (when possible) and in writing of your obligation to co-operate and of the impact to your benefits if you do not co-operate. If you continue to not co-operate without giving WSIB a reasonable explanation for your actions, WSIB may reduce or take away your benefits or services until you do co-operate.
If I start to co-operate again, will WSIB pay me the benefits I missed?
No. WSIB will not pay you benefits for periods where they were reduced or taken away because you were not co-operating. WSIB may restore the benefits you missed if they failed to tell you about your obligations to co operate and what would happen to your benefits and services if you did not co-operate, or if they made a mistake in finding that you were not co-operating.
What if I have a good reason for not co-operating?
WSIB will not reduce or take away your benefits when you have a good reason for not co-operating. Examples of this might be an unexpected illness or accident, a death in the family, or severe weather conditions that prevent you from attending a scheduled appointment. When you have a good reason for failing to meet an obligation, you should advise WSIB as soon as possible.
This publication contains general information only. It is not legal advice about a particular situation and is not intended to replace advice from a qualified representative. This publication was last updated on the revision date listed below.
August 1, 2011