WSIB problem....

[healer677]

First off -I told my friend to talk to a lawyer or something but really I have no idea who or which organization to turn to.

Here's the story.

Approximately 5 weeks ago a friend of mine sustained an injury at work. In short she managed to turn her ankle that turned into a right distal tibial fracture (she broke her right leg above the ankle). So she goes home -thinking it was a sprain. Then off she goes to MD and sure enough it was a break. She got a soft cast. The MD ordered - no walking or working for 5 weeks then she will be re-examined.

So she calls her work and tells them this. OK they said. So it was work related -it is WSIB. Right? Other than reporting it to work, was she suppose to do something else...and she did get a MD report.

Now it gets weird.

So -earlier this week, her boss calls. The boss volunteers to pick her up from home and take her to the head office to do "modified" duties. Filing and stuff I guess. Then a co-worker dropped her off at home. At this point, her leg was just throbbing. She did not get medical clearance to go back to work but her boss is pretty firm handed (she's kind of a bitch really) and she talked her into it. There was also talk of the company arranging for her ride to work -it didn't happen today. There was no ride and nobody has called her back.

Funny enough....

Today she gets a call from WSIB telling her that they'll only pay her until July 2nd because apparently her employer gave her the option to return to work on modified duties and she declined. My friend swears they never called. I believe her because I worked for the same company and the same boss- and they're kind of fucked like that.

So she's been calling everybody about this and nobody from the office is returning her call. The manager. The supervisor. and some chick from corporate who is suppose to be the "WSIB" person.

Any help from fellow terbites would be appreciated.

 

[Moraff]

First off -I told my friend to talk to a lawyer or something but really I have no idea who or which organization to turn to.

Here's the story.

Approximately 5 weeks ago a friend of mine sustained an injury at work. In short she managed to turn her ankle that turned into a right distal tibial fracture (she broke her right leg above the ankle). So she goes home -thinking it was a sprain. Then off she goes to MD and sure enough it was a break. She got a soft cast. The MD ordered - no walking or working for 5 weeks then she will be re-examined.

So she calls her work and tells them this. OK they said. So it was work related -it is WSIB. Right? Other than reporting it to work, was she suppose to do something else...and she did get a MD report.

Did she get a note from the doctor specifiying she was to be off for 5 weeks and did she provide a copy of it to her workplace?

Work should have filled out an accident report and since work obviously did report it they should have given her a copy of what was filed with WSIB by them.

Now it gets weird.

So -earlier this week, her boss calls. The boss volunteers to pick her up from home and take her to the head office to do "modified" duties. Filing and stuff I guess. Then a co-worker dropped her off at home. At this point, her leg was just throbbing. She did not get medical clearance to go back to work but her boss is pretty firm handed (she's kind of a bitch really) and she talked her into it.

She should have stuck by her guns and told the boss that she'd have to get clearance from her doctor before doing that.

There was also talk of the company arranging for her ride to work -it didn't happen today. There was no ride and nobody has called her back.

Unless there's something in writing to that effect or witnesses... probably not much to go on here... not usually the company's problem how you get to work.

Did she make any comments while at work for that day that she didn't think she could come back?

Funny enough....

Today she gets a call from WSIB telling her that they'll only pay her until July 2nd because apparently her employer gave her the option to return to work on modified duties and she declined. My friend swears they never called. I believe her because I worked for the same company and the same boss- and they're kind of fucked like that.

So she's been calling everybody about this and nobody from the office is returning her call. The manager. The supervisor. and some chick from corporate who is suppose to be the "WSIB" person.

Write all that in a letter and send it to WSIB post-haste including a copy of the doctor's note saying she was to be off for 5 weeks before being re-evaluated! WSIB can only go by what they've been told. Sounds like the company told WSIB she came back to work and then stopped again.

Any help from fellow terbites would be appreciated.

Pretty much best I can offer based on past experience (some personal, some second-hand).

 

[Ref]

Did the Dr. complete a form 8? He/she should have. The injured employee should receive a copy of the form. She should also receive a copy of the form 7 completed by the employer.

Have your friend collect her documentation and contact the WSIB asap.

An employer is encouraged to offer an early return to work program that could include modified duties. However, modified duties should not worsen the injury - Perhaps have your friends Dr. complete a functional abilities form.

Depending on the organization, LTI (lost time incident) reporting goes straight to the corporate office and impacts the organizations NEER reports, claim costs, premiums, etc.

 

[healer677]

Thanks a bunch guys -I will certainly pass all this information along.

 

[lawyerman]

I just read this thread and you have received some very good advice.

 

[Habsfan 64]

What ever you do, do not sign anything the company offers you. This happened to me years ago, I was moved into a new position for my injury, when they legally could get rid of me, my job was made obsolete so they could lay me off. WSIB said they did nothing wrong as I accepted new job offer from company.