How do I request a copy of my claim file or my client’s claim file?
If you are considering objecting to a WSIB decision that denies you benefits, contact the person who made the decision to discuss your concerns.
If you still wish to object to the decision after you have spoken with the decision-maker, you must submit an Intent to Object form (PDF) so that we receive it before the time limit date shown in the decision letter. When we receive the form, we will contact you or your representative to get an email address where we can send the file, and to ask for your consent to receiving the file through secure email.
People with claims can request a copy of their claim file by completing and sending us a Worker Request for Copy of Claim File (PDF).
Representatives of people with claims can request a copy of their client’s claim file by sending us a request in writing, along with a completed Direction of Authorization form (PDF)
To submit completed forms and written requests, please visit our submit a claim document page.
If you have previously received a copy of your claim file, you will receive updates to your file from the date of your last request. Once we receive your request, we will contact you to ask for your email address and your consent to receive your claim file via secure email.
If you have questions regarding your request, please call us:
- General Enquiry: 416-344-1000
- Toll free: 1-800-387-0750
- TTY: 1-800-387-0050
* Please be sure you have your claim number and other identifying personal information when you call.
Receiving the claim file
We will send your/your client’s claim file by secure email to the email address you provide. If you receive any information that is not related to the claim, it is important that you call us immediately.
How do I update my personal information?
You can help us protect your personal information and prevent it from being misdirected by making sure that we have your most up-to-date address or contact information on file. We make every effort to ensure that the personal information in your claim is accurate and complete. You can help us keep your file current by informing us of any changes to your personal information.
If your personal information changes, such as your address or work status, you must contact us so our records can be updated.
* Please be sure you have your claim number and other identifying personal information when you call.
Can my employer obtain a copy of my claim file?
Your employer or their representative can only obtain a copy of relevant claim file information from your file when they are objecting to a WSIB decision or if they choose to participate in your appeal.
Under sections 57, 58 and 59 of the Workplace Safety and Insurance Act (WSIA), both you and your employer have an interest in your claim with similar rights to receive fair and equal treatment. When either you or your employer objects to a decision, you can both obtain a copy of the relevant claim file documents to assist in the appeal process.
When an injured or ill person objects to a decision you will receive an information package with:
- all relevant claim file documents
- instructions on how to appeal
- an Appeal Readiness form (Note: To proceed further with your appeal, you must complete and send in the Appeal Readiness form).
At the same time, the WSIB notifies your employer of your objection and gives them the opportunity to participate if you decide to proceed with your appeal. For more information, visit our appeals page.
Special rule for transfer of cost employers
If the WSIB finds that a person’s injury or illness was caused by the negligence of another employee or business, the WSIB may charge all or part of the claim costs to the negligent business’ cost record. This is recognized as a transfer of cost employer.
If the transfer of cost employer objects to a decision in your claim, they will receive access to relevant claim file information so they can participate effectively in the decision-making process.
Therefore, the transfer of cost employer receives claim file access in the same manner as described above, except you can object to the disclosure of any information in the claim file, not just health care information.
When your employer objects to a decision
When your employer objects to a decision about your claim, you will be notified and provided with a copy of the documents we determine to be relevant, as well as a Worker Participant Form. Returning the Worker Participant Form ensures you receive notice of the proceeding and an opportunity to participate in any appeals on the issue. If you do not return the form to us, you will not receive any further information about the objection or about any appeal of the issue and will only receive a copy of the written decision when the appeal process is complete.
Even if you choose not to participate, before your employer receives the relevant claim file documents, you will have the opportunity to object to the release of any health care information you feel is not relevant to the adjudication of your claim. You are required to provide your reasons for your objection within 21 days. If we do not hear from you, the copy of relevant claim file documents will be released to your employer.
Should we receive your objection and not agree with your reasons, the issue will be referred to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). They will review your concerns and make a final decision on whether or not the information will be released. Note that when a file is sent to the WSIAT, the issue under appeal cannot proceed to the Appeals Services Division until a decision has been made regarding the release of health care information.
Once WSIAT has made a decision about releasing the health care information in question, the relevant claim file information is released to your employer and your file will be referred to the Appeals Services Division.
Special rule for transfer of cost employers
If the WSIB finds that a person’s injury or illness was caused by the negligence of another employee or business, the WSIB may charge all or part of the claim costs to the negligent business’ cost record. This is recognized as a transfer of cost employer.
If the transfer of cost employer objects to a decision in your claim, access to relevant claim file information is given to the transfer of cost employer to enable effective participation in the decision-making process. Therefore, the transfer of cost employer receives claim file access in the same manner as described above, except you can object to the disclosure of any information in the claim file, not just health care information.
Want more information?
For more information call us at:
- General Enquiry: 416-344-1000
- Toll free: 1-800-387-0750
- TTY: 1-800-387-0050
*Please be sure you have your claim number and other identifying personal information when you call.
Is my consent required to release my health information to the WSIB?
Section 37 of the Workplace Safety and Insurance Act requires health care practitioners, hospitals and health facilities to provide us with relevant medical information regarding your health care. Your consent is not required for this health information to be released to us.
The Personal Health Information Protection Act, 2004, Section 43(1) (h) permits a health information custodian to disclose health information without consent as permitted or required by law including section 37(1) of the Workplace Safety and Insurance Act.
Treatment received outside Ontario
If you received treatment while outside the province of Ontario, we may ask you to sign a medical records waiver to assist us in obtaining this information.
For more information call us at:
- General Enquiry: 416-344-1000
- Toll free: 1-800-387-0750
- TTY: 1-800-387-0050
* Please be sure you have your claim number and other identifying personal information when you call.
Can my employer request that my health professional complete a Functional Abilities Form (FAF)?
Either the employee or the employer can request that the form be completed. Learn more about the Functional Abilities Form.
What is my employer’s duty of confidentiality?
Under the Workplace Safety and Insurance Act, your employer and their representative have a duty of confidentiality not to disclose any health information obtained from the WSIB about you.
How do I address other questions, concerns or complaints about privacy issues?
We are committed to protecting your privacy and the confidentiality of your personal information. The WSIB collects your information to administer and enforce the Workplace Safety and Insurance Act and is subject to the Freedom of Information and Protection of Privacy Act.
If you have any questions or concerns about the collection, use, or disclosure of your personal information, contact us at:
- General Enquiry: 416-344-1000
- Toll free: 1-800-387-0750
- TTY: 1-800-387-0050
*Please be sure you have your claim number and other identifying personal information when you call.
If you are not satisfied with their response, contact the WSIB Privacy Office at:
- Privacy Office: 416-344-5323
- Toll free: 1-800-387-0750
- TTY: 1-800-387-0050