Your Guide: services and responsibilities – business edition
We understand the impact a workplace injury or illness can have on a business and its employees and we’re here to help. Making sure people have the support, care and expertise they need to recover and return to work is what we do.
This guide will help you understand the services we offers as well as your responsibilities as an Ontario business. This guide does not list every service we offer or every responsibility you may have – it is meant to provide you with answers to some of the most commonly asked questions we know many people have about the WSIB. All of our decisions are based on the Workplace Safety and Insurance Act, 1997 (WSIA) and our policies.
Services: what do we offer?
Workplace insurance
With WSIB coverage you:
- get affordable workplace coverage you can rely on to protect you and your employees
- are guaranteed no-fault workplace insurance that protects you from costly court settlements for your employees’ workplace injuries and illnesses
- receive important services and support when you need it
Health and safety services
By participating in our voluntary programs, eligible businesses can improve workplace health and safety, which can lead to a reduction in premiums.
Health and Safety Excellence program
Our Health and Safety Excellence program helps you make your workplace safer, while earning rebates on your WSIB premiums.
- The program is tailored to your individual business needs and sector, and you can join at any time.
- To join the program, you select one of our WSIB-approved providers who will help you develop a health and safety action plan based on different focus areas, known as program topics, such as controlling hazards and emergency preparation. You can also reach out to one of our program consultants, who can answer any questions you have and help you join the program as quickly as possible.
- The program has 36 topics spread across three levels – foundation, intermediate and advanced. Whether you're just getting started or want to build on safety practices you already have in place, one of our WSIB-approved program providers will help you every step of the way.
- The program can also help you achieve best practice standards, including the Chief Prevention Officer’s accreditation program, Supporting Ontario’s Safe Employers (SOSE).
- Through the program, you can earn rebates on your WSIB premiums and recognition badges that you can use on your website and other marketing materials to show your commitment to workplace health and safety.
Responsibilities: what is expected of your business
Health and safety
First aid
As a business covered by the WSIB, you are required to have first aid equipment (including a first aid station that is easily accessible) and trained people in all workplaces. Visit our first aid program webpage for further information.
Health and safety training
Under the Occupational Health and Safety Act (OHSA), every employee and supervisor is required to complete health and safety awareness training. You can access training free of charge through the Ministry of Labour or through one of the WSIB’s various programs.
There are other health and safety resources available to businesses through the Ministry of Labour and Ontario’s four Health and Safety Associations (HSAs).
It is your responsibility to provide hazard information and post the WSIB 1-2-3-4 In Case of Injury at Work poster in a visible location.
For more information on a range of health and safety topics, see health and safety.
Workplace injury or illness
Reporting an injury or illness
Businesses must report a work-related accident to the WSIB if you learn that an employee requires health care and/or:
- is absent from regular work
- earns less than regular pay for regular work (e.g. part-time hours)
- requires modified work at less than regular pay
- requires modified work at regular pay for more than seven calendar days following the date of accident (in this case, the reporting obligation begins on the eighth day of modified work)
Businesses are not required to report a work-related accident if the employee:
- receives only first aid
- receives first aid and requires modified work at regular pay for seven calendar days or less, following the date of accident
- does not receive first aid, but requires modified work at regular pay for seven calendar days or less, following the date of accident
You must report the injury or illness to the WSIB by submitting a Form 7 within three days of learning of your employee’s injury or illness. You can submit the form online through our online service for injury or illness reporting, or via mail or fax. Please see injury or illness reporting at WSIB for details.
Please see the COVID-19 FAQs for updates about time limits related to the Government of Ontario’s COVID-19 Declaration of Emergency.
- It is against the law to discourage your employee from reporting a workplace injury or illness to the WSIB, or to influence them to withdraw or abandon their claim. To make sure you know and are complying with your responsibilities, check out the injury or illness reporting self-evaluator (PDF).
On the day of injury, you must:
- pay your employee their full wages and employment benefits as if the injury had not occurred.
- pay for, or provide directly, transportation to send your injured employee to the proper medical facility to receive treatment, if necessary.
Employer requested health examinations
You may ask that your employee be examined by a health professional that you choose and pay for. The examination must only relate to the injuries, diseases or conditions for which the individual is claiming benefits. The selected health professional must provide a copy of the health examination to the WSIB. See more on health examinations.
Return to work
Supporting recovery and return to work
As a business, it’s your responsibility to stay connected with your employee and to help ensure they return to suitable and available work. This includes:
- contacting your employee as soon as possible after the injury or illness
- maintaining appropriate, and regular, communication with your employee throughout their recovery and return to work
- providing suitable work that is available and within your employee’s functional abilities, and restores as much of their pre-injury earnings as possible
You may ask your employee's treating health care provider to complete a functional abilities form. This is an optional form designed to support return to work by helping you and your employee identify suitable jobs that they are able to perform.
See additional details about your responsibilities as your employee returns to work.
Re-employment obligations
Legally, you must re-employ your employee if they are able to perform the essential duties of their pre-injury job or another suitable job in your workplace as long as it is safe to do so. This obligation exists under the following circumstances:
- the employee, as a result of their work-related injury or illness, is absent from work, or works less than regular hours, and/or requires accommodated work that pays, or normally pays, less than their regular pay
- the employee has been continuously employed by you for at least one year before the date of injury; and
- you regularly employ 20 or more employees
See more information on your responsibilities in the return-to-work process, and our approach to job accommodations (PDF).
If you are a business in the construction industry, other re-employment responsibilities apply. Please see our policy on re-employment in the construction industry for more information.
Managing your account
Reporting and paying your premiums
Your WSIB premiums are used to pay benefits for people who are injured or become ill in the workplace. Learn more about your premium and payment obligations, how and when to report and pay or check out our FAQs for additional detail.
Keep us updated
You must let us know of any changes to your business within 10 calendar days. You may provide us with this information by telephone, fax, mail, or email.
Types of changes you must tell us about include:
- ownership
- address and phone number
- type of work your business does
- legal, trade or business name
- or, if you stop employing all of your employees, or your business closes
Please see the COVID-19 FAQs for updates about time limits related to the Government of Ontario’s COVID-19 Declaration of Emergency.
Third party representation
You have the option to use a third-party representative to provide advice and assist you in doing business with us. Authorized representatives may receive verbal or written information (e.g. copies of claim file documents) and represent you during the appeals process.
To grant access to your representative, complete an authorization form. Authorized representatives are licensed under the Law Society Act or are exempted from the requirements of that act.
-
(PDF 10371A)
-
(Direction of authorization 1824A)
Our code of conduct for representatives sets out the standards of behaviour we expect from representatives of businesses and representatives of those who experienced a workplace injury or illness.
Clearance certificates
If you are a contractor or subcontractor, you may obtain a clearance certificate to demonstrate you are registered with the WSIB and are ‘in good standing’ (meaning you report and pay premiums on time). Businesses rely on clearances to avoid liability for insurance premiums owing in connection with the work or services being performed.
If you directly retain a contractor to perform construction work you must obtain a clearance certificate that confirms the contractor is in good standing with us. You and the contractor must ensure that a clearance is obtained before the construction work begins and that a clearance remains in effect for the entire time the contractor is performing the work. Get a clearance through our online services for clearances.
Responsibilities in the construction industry
Coverage in the construction industry is mandatory and reporting your payroll may be done differently. To learn more, visit mandatory coverage in the construction industry.
Schedule 1 and 2 businesses
Most businesses we cover fall under Schedule 1, but some industries fall under Schedule 2. Examples of Schedule 2 organizations are from the federal, provincial and/or municipal governments. Learn more about Schedule 1 and Schedule 2.
Decision-making
Sharing information
You are required to share any information the WSIB needs to make decisions about your account or claims that occur. This includes providing us with any information requested concerning your employee’s return to work.
We may conduct an audit to ensure accurate payroll reporting, proper classification and injury and illness reporting.
Questioning a WSIB decision
We carefully consider all available information with any decision we make. As a business, you may sometimes have questions or want to object to decisions about your account or an employee claim. The following outlines how you may proceed with an objection:
About your account
If you object to a decision related to your account (e.g. classification, assessable earnings or penalties related to discouraging injury or illness reporting), you may request a reconsideration by the decision maker, and provide any new or additional information that you may have.
If you are still not satisfied and want to continue with your objection, we will provide you with a form. Once the form is received, it will be reviewed again by a front-line decision maker. If there is no change to the original decision, we will forward the form to our appeals division.
About an employee claim
You may also ask the WSIB to reconsider a previous decision about an employee claim. You may do so if new or missing information becomes available or you feel that a piece of information should be looked at again.
In this case, submit an
form.
If you continue to be dissatisfied after the original decision maker has provided their reconsideration, you may file a formal appeal with us.
The detailed processes surrounding appeals of these issues can be found in the appeals services division practice & procedures (PDF) document; however, please keep in mind:
- You must indicate, in writing, your intent to appeal within 30 days for return-to-work, work transition and re-employment decisions and six months for all other decisions
Please see the COVID-19 FAQs for updates about time limits related to the Government of Ontario’s COVID-19 Declaration of Emergency.
If you would like to further challenge the decision made by the WSIB about your appeal, you can ask the Workplace Safety and Insurance Appeals Tribunal (WSIAT) to review the decision. WSIAT is a separate and independent adjudicative body.
If you need more assistance
The Fair Practices Commission is the organizational ombudsman for the WSIB. The commission provides an independent, neutral and confidential service for people injured at work, businesses and service providers who have concerns about the fairness of the service, or treatment, received from us. You can find more by calling 416-603-3010 or toll-free 1-866-258-4383.
The Office of the Employer Adviser provides Ontario businesses with expert, free and confidential advice, representation and education on all workers’ compensation issues under WSIA, and on unjust reprisal issues under OSHA. For more information call 1-800-387-0774.
Please contact us for further questions.
It is better for everyone when we treat each other with courtesy and respect. Find out more about the behaviours we expect from our employees and from you.
Additional resources
Decision-making
- The first step to compliance is knowing what the law requires. Find information about the Employment Standards Act at:
- A new guide for prevention of common soft tissue injuries is now available for Ontario businesses. Access the guide to understand and learn how to prevent MSD in the workplace.
- Log in to Compass to analyze rates and past claims costs. You'll get exclusive insights into your detailed claims, costs, premiums, and rates.
See our guide for people who have been ill or injured at work.