A worker may have entitlement if a second accident results from treatment for a work-related condition or if a second accident occurs while a worker is travelling at the direction of the WSIB.
The decision-maker ensures that a second accident has occurred and that the injury is not a complication of treatment or a pre-existing condition.
Going for treatment
If an accident happens while travelling to or from a treating agency, for treatment of a work-related condition, which has not been specifically directed by the WSIB, there is no entitlement.
Travelling at WSIB direction
There may be entitlement if the
- work-related disability/impairment dictates the means of travel, and
- the worker takes the specified pre-arranged means of travel.
If there is third party involvement see 15-01-05, Third Party Rights of Action.
If the second accident is allowed, the costs associated with it are charged to the accident employer.
Accident on treating agent's premises
If a worker sustains a new accident on the premises of a treating agency, there is generally no entitlement to benefits. The worker is neither a worker in respect of the treating agency, nor in the absence of unusual circumstances, is the new injury a result of the worker's first accident.
Injury resulting from treatment
The worker may have entitlement, but if negligence on the part of the treating agent is involved, the worker may have a right of action against the treating agent (see 15-01-05, Third Party Rights of Action).
This policy applies to all decisions made on or after July 1, 1991, for all accidents.
This document replaces 03-04-03 dated May 1, 1991.
Workplace Safety and Insurance Act, 1997, as amended
Section 2(1), 13(1)
Workers' Compensation Act, R.S.O. 1990, as amended
Section 1(1), 4(1)
#5, June 14, 2004, Page 368