Workers' Compensation: Making a claim
What must my employer do?
Employer's Report of Injury/Disease (Form 7)
When your employer finds out about your injury, they must file a Form 7 with the Board within 3 business days. The information your employer puts on this form is important because it affects the amount of money you might get in benefits. It can also give you an idea of whether or not your employer will be fighting your claim.
The law says your employer must give you a copy of the Form 7 when they file it with the Board. If your employer will not give you a copy, you can get it from the Board, or from your union if they are representing you on your claim.
Check the Form 7 to make sure your employer has described the accident and your injuries correctly, and that all of your wages are reported. Also check that the form reports your proper income tax "net claim code" if it is different from what your employer uses on your pay slips.
It is important that you tell the Board about wages you receive from any other jobs you have somewhere else. It is not up to your employer to report this. Write a letter to the Board if there is anything missing from the Form 7 or if there are mistakes on the form. Also write to the Board if your co-workers get any retroactive pay raises after your accident.
What else must my employer do?
The law also says your employer must:
- pay your full wages for the day you were injured,
- pay for you to get to your doctor, a hospital, or your home on the day you are injured, and
- keep up their payments into any benefits plan for your health care, life insurance, or pensions for one year.
If your plan is one that both you and your employer pay into, your employer can stop their payments if you stop yours. So, if you want your benefits plan to continue while you are off work, keep paying your part of the payments.
The law says that your employer must do things to help you get back to work after your accident, and that you must also do things to try to get back to work. If you have problems with getting back to work, you should get legal help.