This privacy statement for workers explains the information that the WSIB collects about you - by the organization.
We're 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.
Collection of your personal information
Information about you is collected directly through various channels from a number of sources - you, your employer, your health care and work reintegration services providers, and others - as required for the following purposes:
We ask you to provide identification information such as your name, address, home telephone number, and date of birth. This information is required to administer your claim(s) including communicating with you, matching records to the correct claim(s) and issuing benefit payment(s). Please note that incoming and outgoing calls may be recorded for quality assurance purposes.
When a claim is registered, your social insurance number is collected to identify you and to issue income tax information statements as required by the Canada Revenue Agency (CRA) and the Income Tax Act (ITA). Under the ITA and an agreement with CRA, identification and income/benefit information e.g. Canada Pension Plan (CPP) Disability may be verified for the purpose of administering and enforcing the WSIA.
Information such as your weekly, monthly or annual income allows us to determine the rate of your wage loss benefits, and must be confirmed by your employer or pay stub.
Sources of income replacement such as social assistance, employment insurance and private insurance may require you to report to the WSIB to avoid duplication of payments and/or benefit-related debts. Your bank account number may be requested if direct deposit is an option or is required.
Information such as your treating health professionals' reports, prescription medicine details, physiotherapy treatment dates, hospital records or other treatment records are collected to help us determine your eligibility for benefits. It also helps to establish the type of additional assistance you or your health care provider might need to ensure that you receive quality health care. Section 37 of The Workplace Safety and Insurance Actrequires treating health professionals to provide the WSIB with health information related to your claim without consent.
Fraud and Non-compliance
Administrative, financial and medical information may be collected in the course of a criminal or other investigation for fraud or non-compliance.
Use, retention, and disclosure of your personal information
There may be times, such as in a decision letter, or a Non-Economic Loss (NEL) medical assessment, or an appeal of a WSIB decision by you or your employer, where confidential information including personal health information related to your claim may be disclosed to your employer without your consent. This is in accordance with the Workplace Safety and Insurance Act and the Freedom of Information and Protection of Privacy Act.
WSIB staff and contracted providers working on your claim have access to your personal information. All claim file information is considered to be confidential and access to your information is on a need-to-know basis.
Like many public and private organizations today, the WSIB uses the services of external companies. For example, an external service provider will process the payment of your claim for a prescription or your claim may be disclosed to a third party for cost recovery purposes. In those types of situations, contractual agreements are in place to protect your personal information.
Your information is stored in paper form or electronically, and may be located in a foreign jurisdiction. In such cases, your information may be subject to the laws of those countries and may be disclosed in response to valid demands or requests from government authorities, courts or law enforcement in those countries.
Return to Work and Recovery
When you make a claim for benefits, you must consent to disclose your functional abilities information. This consent allows your health care practitioner to release information about your functional abilities directly to your employer.
A copy will be provided to the WSIB. This is to assist in facilitating your return to work and recovery.
Your personal information may be shared with your treating health care professionals and work reintegration service providers to ensure that appropriate medical and work reintegration resources are available to you. Information regarding transferable skills, work transition assessments and work transition plans may be shared with your injury employer or a placement employer.
Research and prevention
The WSIB supports research into the nature and causes of workplace injuries and illnesses to develop more effective prevention programs. The WSIB may make its administrative databases available to safety agencies, scientific researchers and others as required, in accordance with the Freedom of Information and Protection of Privacy Act.
The WSIB may contract third party researchers to conduct surveys into workplace injury and illness, and the quality of our products and services. Your name and telephone number may be disclosed to these third party researchers so that they are able to contact you to get your permission to participate in such a survey.
In order to protect the workplace safety and insurance system against abuse, personal information may be collected during an investigation of fraud or non-compliance. Information may be shared with other government bodies, police and the courts as required and legally authorized.
Obtaining and correcting your claim file information
It’s easy to obtain a copy of your claim file: simply write to your decision maker. The WSIB form Worker Request for Copy of Claim File (PDF)assists you in making this request. You can also request this form by calling the WSIB’s general enquiry line.
If you have problems receiving a copy of your claim file, you may contact Business Services through WSIB's general enquiry line.
If you believe your record is inaccurate, you may request that the information be corrected by contacting your decision maker.
Your employer may obtain a copy of your claim file when participating in the appeal process - if there is an issue in dispute. When your employer requests a copy of your claim file, you are given 21 days to object to the release of specific health information to your employer. Under the Workplace Safety and Insurance Act, the employer and employer's representative have a duty of confidentiality not to disclose information obtained from the WSIB.
Updating your personal information
If your personal information changes, such as your address or work status, you must contact your decision maker to update your records. Our customer service representatives can also make address changes for you when you call the WSIB's general enquiry line.
To obtain a copy of your claim file, update your personal information or find out more about the collection, use or disclosure of your personal information, contact your decision maker directly, or call:
WSIB General Enquiry: 416-344-1000
Concerns or matters relating to privacy can be directly addressed to the WSIB Privacy Office at 416-344-5323 or through the toll-free number above.
You may also contact the WSIB in writing at:
Workplace Safety and Insurance Board
200 Front Street West
The WSIB reserves the right to revise this document.