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When it comes to Workers’ Compensation, is COVID-19 work related?
Early on in the COVID-19 pandemic, the majority of our Union members’ workplaces were deemed required services, some deemed officially essential, to keep our economy moving and people fed and looked after. As a result, many of our members have been engaged in these vital roles providing critical services to Ontarians, at risk to their own health and safety.
With this heightened risk and exposure, many workers have been diagnosed with COVID-19.
When the federal government introduced the Canadian Emergency Response Benefit (CERB), it brought relief to many Canadians. This financial resource was, and continues to be, necessary for many due to no legislated paid sick or emergency leave, reduced hours, and employer closures. And while the CERB does provide relief during this time, it doesn’t disqualify workers from reporting their illness to the Workplace Safety & Insurance Board (WSIB) by filling out a Form 6.
There is no doubt that there is community spread of the disease and that we are all susceptible to coming into contact with the virus. But for our members – the front-line workers – who continue to perform their work duties and remain vulnerable to exposure in the workplace, COVID-19 should be considered an injury/illness “arising out of and in the course of employment.”
The basic conditions for allowing injury and illness coverage at the WSIB is a ‘causal link’ between the work/workplace and the diagnosis, and that the condition arose out of the workplace. When it comes to COVID-19 specifically, per the WSIB website: “For a COVID-10 claim to be allowed, evidence must show that the person’s risk of contracting the disease through their employment is greater than the risk to which the public at large is exposed and that work significantly contributed to the person’s illness.”
Your Union believes that if you are working during a pandemic, you are absolutely put at a greater risk of contracting the virus. And if you contract COVID-19, you should complete a Form 6.
It’s important to complete a Form 6 and report your COVID-19 diagnosis to the WSIB!
We cannot see into the future. Your Union believes it’s very important to file these reports of illness for a number of reasons.
1. We cannot rely on employers to complete a Form 7.
2. It establishes a timeline when you report a date for the onset of the illness. This is helpful for gathering statistical information about the virus and may help with any claims you have down the road, especially if you experience side effects from the virus.
3. Filing your Form 6 means your employer and the WSIB have an official report of illness connected to work. Any time any work-related injury or illness goes unfiled, it leads to underreporting and an inaccurate gauge of how an injury/illness is truly affecting workers.
4. You are going to work during a pandemic. This isn’t likely to be the last time this type of event occurs. We need to work to set the bar for how the WSIB, employers, and our government respond to these crises going forward.
COVID-19 is new to the scientific and medical communities.
Without case studies, which include established timelines, exposures, etc., and research it is difficult to determine the long-term effects of the virus. So, it is important that you document the illness with the WSIB to help ensure the right measures are in place to guarantee your coverage.
As of now, the WSIB reviews COVID-19 claims on a case-bycase basis. Needless to say, be prepared that the WSIB will need to look at the details of your employment and personal activities. Also, keep in mind, that the WSIB will not provide coverage for people who are symptom-free and choose to quarantine, or who are sent home on a precautionary basis.
In the event you believe you have been exposed to COVID-19 while at work but you have not been diagnosed, you may be in a position to voluntarily complete a form called Program for Exposure Incident Reporting (PEIR). The purpose of the PEIR is similar to filing a Form 6 for a diagnosis; to obtain information about the exposure incident and establish a timeline.
While WSIB benefits may be limited, and ultimately just look to cover the 14-day quarantine period, the benefits may be considerable for some percentage of workers who experience serious illness, complications, or long-lasting effects of the disease or for the family and survivors of workers who may lose their lives.
If you have any questions or concerns about COVID-19 related workers’ compensation or any other work-related illness or injuries, please contact your Union’s Workers’ Compensation Department: at workerscomp@ufcw175.com, or 1-800-565-8329. or speak to your Union Representative.
