Determining the Date of Injury - Archived January 5, 2009

Policy

The date of injury is the date that the worker experiences a disabling physical or functional abnormality or loss due to a disablement, occupational disease, or trauma.

Guidelines

Disablement or occupational disease

For a disablement or an occupational disease, the date of injury is the date the worker suffers the impairment (i.e., the date on which the worker experiences the disabling physical or functional abnormality or loss).

All other Injuries

For all other injuries, the date of injury is the date on which the trauma occurred. If the disabling impairment occurs after the date of the trauma, the date of injury is the disabling impairment date.

Recurrences

Periods of impairment resulting from recurrences of work-related accidents are not new injuries. The date of injury for re-employment purposes and determining compliance with the employer's obligation to continue employment benefits is the date of the original injury.

Application date

This policy applies to all decisions made on or after January 1, 1998, for all accidents.

Document history

This document replaces 19-04-11 dated June 15, 1999.

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended 
Sections 2(1), 25, 41


Workers' Compensation Act, R.S.0. 1990, as amended 
Sections 1(1), 7, 54

Minute

Administrative
#10, June 28, 2004, Page 383

This policy was archived on January 5, 2009