The WSIB does not accept entitlement for an injury as a result of a second accident that is due to a non-work-related cause. If a work-related impairment/disability is aggravated by a non-work-related second accident, the aggravation may be accepted depending on the extent of recovery of the work-related impairment/disability.
If an injured worker has a second accident while receiving WSIB benefits, but the second accident is not caused by a work-related injury, there is no entitlement for the second accident.
If the second accident is not caused by the work-related impairment/disability, but does aggravate it, one of the following may apply
- if the work-related impairment/disability is at, or near, full recovery, benefit payments may cease, or
- if the work-related impairment/disability is not at, or near, complete recovery, (e.g., a recently reduced fracture in which the second accident has caused a re-fracture at the same site), the aggravation of the work-related impairment/disability may be accepted.
The decision-maker may consult with WSIB clinical staff to assist in making these determinations.
This policy applies to all decisions made on or after November 3, 2008, for all accidents.
This document replaces 15-05-03 dated October 12, 2004.
This document was previously published as:
03-04-04 dated April 5, 1991.
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 13(1)
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 1(1), 4(1)
#7, October 15, 2008, Page 465