Privacy FAQs for people with claims and their representatives

How do I request a copy of my claim file or my client’s claim file?

If you're considering objecting to a WSIB decision, contact the person who made the decision to discuss your concerns first.  

After your discussion with the decision-maker, if you decide to formally object to the decision, complete and submit an
 before date shown in the decision letter. You can submit the form online to make sure we receive it on time.
You can request a copy of your claim file by completing and submitting a
 package. The package includes an acknowledgement of email consent to receive your claim file electronically.
 

If you received a paper copy of your claim file in the past, this time, we’ll send you the documents electronically. 

Representatives 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).

If you have questions about your request, have your claim number ready and call 1-800-387-0750, Monday to Friday or message us on our online services.

Receiving the claim file 

We’ll send you an email to the email address you provided us with a secure link to download your/your client’s claim file. Please call us immediately if you receive any information that is not related to the claim.

How do I update my personal information?

You can help us protect your personal information by making sure we have your most up-to-date information on file.

If your personal information changes, such as your work status or your email or mailing address, contact us so we can update our records. Have your claim number ready and call us at 1-800-387-0750, Monday to Friday or message us on our online services.

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.

According to the Workplace Safety and Insurance Act, 1997 (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 get a copy of your claim file documents to help in the appeal process.
When you object to a decision, you will receive an email with a secure link to access and download your information package, which includes:

  • all relevant claim file documents
  • instructions on how to appeal
  • an appeal readiness form (you must complete this form to start your appeal).

At the same time, we will notify your employer of your objection, and give them the opportunity to participate if you decide to proceed with your appeal. Visit our appeals page for more 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. Completing and submitting 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 submit the completed 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 decision-making about your claim. You will need to provide your reasons for your objection within 21 days. We will release a secure electronic copy of your claim documents to your employer, if we do not hear from you.

If we receive your objection, but do not agree with your reasons, we will refer the issue to WSIAT. They will review your concerns and make a final decision on whether or not the information will be released. When a file is sent to the WSIAT, the issue under appeal cannot proceed to our Appeals Services Division until a decision has been made about the release of health care information.

Once WSIAT has made a decision about releasing the health care information in question, the relevant claim information is sent to your employer and your file will be referred to the Appeals Services Division.

Special rule for transfer of cost employers

If we find that a person’s injury or illness was caused by the negligence of another employee or business we may charge all or part of the claim costs to the employer.

If employer objects to a decision in your claim, access to relevant claim file information is given to employer to enable them to effectively participate in the decision-making process. The employer receives the same claim file access 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?

Message us on our online services or 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. 

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

URL: https://www.wsib.ca/en/freedom-information-requests

Why are the employees at the WSIB no longer sharing their last names?

As part of our commitment to improve employee privacy and safety certain customer-facing roles will no longer provide their last name to customers.

Starting February 26, 2024 certain customer-facing roles will only provide their first name and numerical identifier to customers in their communications, such as letters or over the phone.  

Our employees will still be accountable for their communication with each customer. Using the numeric identifier will ensure that we are still able to know who spoke with a customer and provided information to them.