On March 23, 2020, the Workplace Safety and Insurance Board (“WSIB”) released an “Adjudicative approach document” outlining how COVID-19 related-claims made to the WSIB will be treated. Workers may receive WSIB benefits for COVID-19 “arising out of and in the course of the worker’s employment”. In other words, the worker has to show that his or her illness is work-related. Cases will be adjudicated on a case-by-case basis.
The WSIB will consider the following factors to determine whether a worker’s employment made a significant contribution to the worker’s illness:
- Whether the nature of the worker’s employment created a risk of contracting the disease to which the public at large is not normally exposed; and
- Whether the WSIB is satisfied that the worker’s COVID-19 condition has been confirmed.
With respect to the first criterion, the WSIB will consider the following non-exhaustive list of factors:
- Has a contact source to COVID-19 within the workplace been identified?
- Does the nature and location of employment activities place the worker at risk for exposure to infected persons or infectious substances?
- Was there an opportunity for transmission of COVID-19 in the workplace via a compatible route of transmission for the infectious substance?
With respect to the second criterion, the WSIB will consider the following non-exhaustive list of factors:
- Is the incubation period (the time from the date of exposure and the onset of illness) clinically compatible with COVID-19 that has been established to exist in the workplace?
- Has a medical diagnosis been confirmed? If there is no confirmation of medical diagnosis, the WSIB will consider whether the worker’s symptoms are clinically compatible with the symptoms produced by COVID-19. Further, WSIB will consider whether there is an assessment from a registered health professional.
It must be emphasized that the WSIB will consider the merits of each case based on the specific circumstances of each particular worker.
WSIB coverage is not available for workers who are symptom free, even though they are quarantined or were sent home.
More information is available here.
The information contained in this article is for general information only and is not intended as legal advice or opinion. Please contact Goldman Sloan Nash & Haber LLP for specific advice or information regarding your specific circumstances.