The Workplace Safety and Insurance Board (“WSIB”) offers coverage to employees who contract COVID-19 while working on the job. To determine whether the COVID-19 claim is work-related, the WSIB will look at details like the person’s employment activities, their symptoms, and whether their work significantly contributed to their illness.
As of November 20, 2020, there have been approximately 8,964 COVID-19 related claims. Approximately 74% of these claims have been allowed. Most claims are in the Nursing and Residential care facilities, Agriculture, and Hospitals sectors.
To allow a claim, there must be evidence that the person has COVID-19 and that the nature of the worker’s employment created an increased risk of contracting COVID-19 beyond the risk that exists to the public. The decision-maker will evaluate claims on a case-by-case basis considering evidence in relation to the above factors but also other information that might impact decision-making, e.g. the worker’s specific job requirements and use of PPE. According to WSIB’s website, they contact claimants within 2-5 days of a covid-19 relief claim being filed to gather information about exposure, employment, and medical concerns.
Coverage is not provided for symptom-free workers who are quarantined or those who are sent home as a precaution. If these individuals do develop symptoms while they are quarantined, they could be eligible for benefits.
Jessica Gahtan is the 2020/2021 Articling Student at Goldman Sloan Nash & Haber LLP.
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.