Privacy FAQs for Workers

1. How do I request a copy of my 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 wish to object to the decision, 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).

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 to obtain 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 claim file by secure email to the email address you provide. If you receive any information that is not related to your claim, it is important that you contact us immediately at the number listed above.

2. How do I update my personal information? 

You can help us protect your personal information, like your home address, 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 your decision maker so that our records can be updated. Our Telephone Enquiry Representatives can also make address changes for you when you call.

For more 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.

3. 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 party objects to a decision, both you and your employer can obtain a copy of the relevant claim file documents to assist them in the appeal process.

When a worker objects to a decision:
An information package is sent to you containing the following:

  • all relevant claim file documents
  • instructions on how to appeal
  • an Appeal Readiness Form (Note: In order 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 in your objection should you decide to proceed with your appeal.

When we receive your Appeal Readiness Form, and your employer is participating in your objection, your employer is entitled to a copy of the relevant claim file documents. However, before your employer receives any information, you will be sent a copy of the documents we determine to be relevant and you 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 twenty one 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.

If your employer does not elect to participate in the objection, they will not receive any further information about your objection or about any appeal of the issue and will only receive a copy of the written decision when the appeal process is complete.

Special Rule for Transfer of Cost Employers
If the WSIB finds that an injury or disease to a worker was caused by the negligence of another worker or employer, the WSIB may charge all or part of the claim costs to the negligent employer's cost record. This is recognized as a Transfer of Cost Employer.

Should the Transfer of Cost Employer object 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, access is provided to the Transfer of Cost Employer 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, you will be notified and provided with a copy of the documents we determine to be relevant and 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 twenty one 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 an injury or disease to a worker was caused by the negligence of another worker or employer, the WSIB may charge all or part of the claim costs to the negligent employer's cost record. This is recognized as a Transfer of Cost Employer.

Should the Transfer of Cost Employer object 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, access is provided to the Transfer of Cost Employer 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 your decision-maker. If you do not know who this is, 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. 

4. 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, contact your decision maker. If you do not know who this is, 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.

5. Can my employer request that my health professional complete a Functional Abilities Form (FAF)? 

Either the worker or the employer can request that the form be completed. Learn more about the Functional Abilities Form.

6. What is my employer’s duty of confidentiality? 

Under the Workplace Safety and Insurance Act, your employer and the employer’s representative have a duty of confidentiality not to disclose any health information obtained from the WSIB about you.

Questions
For more information call your decision-maker. If you are not satisfied with their response, contact WSIB Regulatory Services 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.

7. 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 your decision maker. If you do not know who this is, 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.

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