Health & Safety Compensation in the NCR

Preliminary Workers Compensation Board (WCB) Claims are the responsibility of your Local and/or Component and/or the Regional Office Representative assigned to your Directly Chartered Local (DCL). If you are an injured worker due to a work-related injury or illness, you would file a Workers Compensation Board (WCB) claim in the province where you work in the National Capital Region (NCR):

• If you are an injured worker due to a work-related injury or illness and work in the province of Ontario – you would make a WCB claim with Workplace Insurance and Safety Board (WSIB).

Ontario Injured Workers complete the WSIB onine Form 6

If you are an injured worker due to a work-related injury or illness and work in the province of Quebec – you would make a WCB claim with Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). In English, it translates to the Commission on Standards, Equity, Health and Safety at Work (CSEHSW).

• CNESST online Claim Form

Note: Injured Workers can make a WCB claim on their own online using the respective WCB based on their province of work. *Members can request assistance from their Local, Component or Regional Office Representative if with a DCL.

To find your Component use the PSAC website for Component listings

To find your Directly Chartered Locals use the PSAC website for DCLs

• CNESST Step by step claim process 
• Report an injury or illness: WSIB 

We’re here to help

When an injury or illness happens on the job, we provide wage-loss benefits, medical coverage and support to help people recover and get back to work.

If you choose to have your Union represent you on your WCB claim then you need to complete a Direction of Authorization (DOA) form for WSIB claims if you are an Ontario worker and resident.

Authorize a third-party representative

• authorization for claim-related information for legal representative (Direction of authorization)  (1824A) This is not a request for access or an appeals form.

Compensation and reimbursements CNESST

Workers who suffer an employment injury may receive benefits, such as an indemnity, a reimbursement for certain expenses or an allowance.

Work accident or occupational disease CNESST

In the course of your work, you might have a work accident or develop an occupational disease. If this happens, do you know what to do? Do you know how to file a claim with the CNESST and what happens once you have filed your claim?

WSIB Forms: Injured or ill people

Submit a claim document

Find the form you need, fill it in using your desktop or laptop computer, save it and submit it online.

Resources for injured or ill people WSIB

Find out more about how we make decisions, by reviewing the Operational policy manual, Employer Classification Manual, and Adjudication support documents. You’ll also find useful forms and fact sheets on a variety of topics, including benefit payments, and rights and responsibilities.

Referral of WCB claims at the APPEAL stage of the Boards – WSIB (Ontario) or CNESST (Quebec) to the NCR Health & Safety Regional Representative for Representation of WCB claims that are at the Appeal stage.

Note: Ontario WSIB Appeals go to the Workplace Safety and Insurance Tribunal (WSIAT) https://wsiat.on.ca/

Quebec CNESST Appeals go to the Tribunal administratif du Travail (TAT) https://www.tat.gouv.qc.ca/

The NCR WCB Case Management Team requires the following items prior to being able to accept a WCB file at the appeal stage:

1. WSIB claims a Direction of Authorization (DOA) form must be completed for PSAC to be a 3^rd party representative on the claim file.

Authorize a third-party representative

• authorization for claim-related information for legal representative (Direction of authorization)  (1824A) This is not a request for access or an appeals form.

1. WSIB request for your Claim File

Request your claim file

• worker request for copy of claim file  (2144A)

1. WSIB claim requires an Intent To Object (ITO) form must be completed within the deadline period to do so (it is usually 6-months from the Board decision date – refer to the decision’s deadline date or period to object). We require a Receipt from WSIB confirming that your ITO has been received by them.

Object to a decision

• Intent to object form  (2397A)
  • Worker instruction sheet: Intent to object form  (2394A)

Note: All 3 of the above forms must be completed and submitted to WSIB for the NCR WCB Case Management Team to gain access to your WSIB claim and to proceed with your WCB file at the appeal stage.

WSIAT Appeal Process:

1. https://wsiat.on.ca/en/appealProcess/index.html

1. CNESST claims to be appealed require a Contestation form

Application for review – Occupational Health and Safety

You can complete an application for review if you would like a review of a decision rendered by the CNESST:

• in compensation or imputation
• in financing
• in prevention and inspection

https://www.cnesst.gouv.qc.ca/en/forms-and-publications/application-review-occupationnal-heallth-safety

1. TAT Appeal process for CNESST appeals:

Challenging a CNESST decision on occupational health and safety

The Administrative Labour Tribunal is called upon to rule on cases brought under the  Act respecting industrial accidents and occupational diseases.  This link will open in a new window(LATMP) and the  Act respecting occupational health and safety.  This link will open in a new window (LSST).

https://www.tat.gouv.qc.ca/sante-et-securite-du-travail/contestation-dune-decision-de-la-cnesst

When to file a dispute?Cliquer pour fermer

For most disputes, the deadline is 60 days following receipt of the CNESST decision .

If the dispute concerns the assignment to other tasks, the right of refusal, eligibility for preventive withdrawal or the decision of a CNESST inspector , the deadline is 10 days .

If the challenge concerns a CNESST decision that is still under administrative review,  the administrative review period is 90 days from the request for review, the submission of observations or the production of documents  . This period is calculated from the most recent of these events.

How to file a dispute?

The employer or the employee can file a complaint (initiating act) in one of the following three ways:

• By completing the online formThis link will open in a new window;
• By filling out the form in PDF formatThis link will open in a new window on screen or by hand after printing it;
• By drafting a document that meets the requirements set out in Article 3 of the  Rules of Evidence and Procedure of the Administrative Labour TribunalThis link will open in a new window.

* For other matters regarding interpretation of your rights, the carriage of those are via the member’s local and component – with the exception of directly chartered locals.

**Note all Ontario & Quebec Boards & Tribunals are bilingual and provided their services in both official languages of Canada.