Table of Contents
- Purpose & Scope
- Legal Framework
- When to Report
- Employer Reporting — Form 7
- Worker Reporting — Form 6
- Critical Injury Reporting
- WSIB Online Reporting
- Return-to-Work Obligations
- Modified Duties & Accommodation
- Labour Market Re-Entry
- HCMI RTW Coordinator Role
- Claim Management Best Practices
1. Purpose & Scope
This guide ensures that all HCMI supervisors, managers, and workers understand their obligations under the Workplace Safety and Insurance Act, 1997 (WSIA) and the Occupational Health and Safety Act (OHSA) when a workplace injury or illness occurs. Prompt, accurate reporting and a well-managed return-to-work process protect workers, reduce claim costs, and maintain HCMI's good standing with the WSIB.
This guide applies to all HCMI employees on every church construction project. Subcontractors are responsible for their own WSIB reporting but must notify the HCMI site supervisor of any injury on our sites immediately.
2. Legal Framework
- WSIA s.21 — establishes the employer's duty to re-employ injured workers and co-operate in early and safe return to work.
- WSIA s.22 — requires employers to report workplace injuries to the WSIB within three business days of learning of an injury that results in lost time or health care.
- WSIA s.22(1) — the employer must file a Form 7 (Employer's Report of Injury/Disease) with the WSIB.
- WSIA s.21(1) — the worker must file a Form 6 (Worker's Report of Injury/Disease) directly with the WSIB.
- OHSA s.51(1) — requires immediate notice to the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) for critical injuries or fatalities.
- OHSA s.52(1) — written report to the MLITSD Director within 48 hours of a critical injury or fatality.
- O. Reg. 834 (Critical Injury — Definition) — defines critical injury as an injury of a serious nature that places life in jeopardy, produces unconsciousness, results in substantial loss of blood, involves fracture of a leg or arm (not finger or toe), involves amputation, consists of burns to a major portion of the body, or causes loss of sight in an eye.
Regulatory Note: Under WSIA s.149(2), failure to report a workplace injury within three business days can result in a fine of up to $25,000 for a first offence. Continued non-compliance can lead to prosecution. HCMI treats timely reporting as a non-negotiable obligation.
3. When to Report
WSIB reporting is required whenever a workplace injury or occupational disease results in any of the following:
- Lost time — the worker misses any time from work beyond the day of injury (even partial shifts count).
- Health care — the worker receives professional health care treatment (physician visit, hospital, physiotherapy, chiropractic, dental) for a work-related condition.
- Modified work — the worker requires modified duties or reduced hours as a result of the injury.
- Recurrence — a previously reported condition worsens or returns, requiring health care or lost time.
- Occupational disease — a worker is diagnosed with a condition related to workplace exposure (noise-induced hearing loss, silicosis, contact dermatitis, etc.).
First-aid-only incidents (minor cuts, scrapes treated on site with no health care needed) do not require WSIB reporting but must still be recorded in the HCMI first aid log and reported to the site supervisor.
4. Employer Reporting — Form 7
HCMI must file a Form 7 (Employer's Report of Injury/Disease) within three business days of learning that a worker has been injured or has developed an occupational disease requiring health care or resulting in lost time. The Form 7 must include:
- Worker's name, address, date of birth, occupation, and SIN.
- Date, time, and location of the accident or onset of disease.
- Nature of the injury or disease and body parts affected.
- Description of how the accident occurred (factual, no opinions on fault).
- Names of witnesses.
- First aid treatment provided and by whom.
- Worker's earnings information (average weekly earnings for the preceding 12 weeks).
- Modified work availability (what the employer can offer).
- Whether the worker has returned to work, and in what capacity.
The HCMI safety coordinator is responsible for completing and submitting Form 7. A copy must be provided to the injured worker and the JHSC or health and safety representative.
5. Worker Reporting — Form 6
The injured worker is responsible for filing a Form 6 (Worker's Report of Injury/Disease) directly with the WSIB. HCMI will assist workers in understanding this process but cannot complete the form on their behalf. Key points:
- The worker should file Form 6 as soon as possible after the injury.
- Form 6 is available online through the WSIB website or by calling 1-800-387-0750.
- The worker must provide their own description of the injury and how it occurred.
- The worker must consent to disclosure of functional abilities information from their treating health professional.
- The worker must cooperate with the WSIB and the employer in the return-to-work process.
6. Critical Injury Reporting
When a critical injury (as defined in O. Reg. 834) or fatality occurs, HCMI must immediately:
- Secure the scene — do not disturb the accident scene except to attend to injured persons, prevent further injuries, or protect property.
- Notify emergency services (911) — call for ambulance and police as needed.
- Notify the MLITSD — call the Health and Safety Contact Centre at 1-877-202-0008 immediately (OHSA s.51(1)).
- Notify the JHSC or H&S representative — immediate verbal notification.
- Notify HCMI senior management — call the HCMI safety coordinator and project manager immediately.
- File written report — submit a written report to the MLITSD Director within 48 hours (OHSA s.52).
- File WSIB Form 7 — within three business days.
Critical Reminder: Under OHSA s.51(2), no person shall interfere with, disturb, destroy, alter, or carry away any wreckage, article, or thing at the scene of a critical injury or fatality until permission is granted by a Ministry of Labour inspector. Violation is an offence under the OHSA.
7. WSIB Online Reporting
HCMI uses the WSIB's online services portal for claim reporting and management. Benefits of online reporting include:
- Confirmation of receipt with a WSIB claim number generated immediately.
- Ability to track claim status, submit additional documents, and respond to WSIB requests.
- Faster processing of claims, typically 2-3 days faster than paper submissions.
- Secure storage of all claim correspondence and Functional Abilities Forms (FAFs).
The HCMI safety coordinator maintains the company's WSIB online account access. All Form 7 submissions are completed through the online portal unless technical difficulties require a phone submission to the WSIB reporting line.
8. Return-to-Work Obligations
Under WSIA s.40(1), both the employer and the injured worker have a legal duty to cooperate in an early and safe return to work. HCMI's obligations include:
- Contact the worker within 24 hours of the injury to express concern and discuss return-to-work options.
- Offer suitable modified work that is safe, productive, and consistent with the worker's functional abilities as described in the Functional Abilities Form (FAF) from their treating health professional.
- Accommodate the worker to the point of undue hardship, consistent with the Ontario Human Rights Code.
- Maintain communication with the worker throughout their recovery, at least weekly for the first month.
- Re-employ the worker when they are fit to return (WSIA s.41(1) applies to employers with 20+ workers).
9. Modified Duties & Accommodation
HCMI maintains a library of modified duty positions available across our church construction projects. Examples include:
- Safety observation and documentation (seated or standing as tolerated).
- Tool and material inventory management.
- Quality control inspections (within physical restrictions).
- Training material preparation and delivery assistance.
- Office-based project documentation, scheduling, and coordination.
- Light housekeeping and organization of laydown areas (within restrictions).
Modified duties are based on the FAF provided by the worker's health care provider. The HCMI RTW coordinator matches the worker's functional abilities to available tasks. Modified duties are temporary and are reviewed as the worker's condition improves. The goal is always a full return to pre-injury duties.
HCMI Policy: Modified duties are meaningful, productive work — not make-work. We never assign a returning worker to sit in a corner or perform demeaning tasks. Dignified modified work promotes faster recovery and demonstrates our respect for every worker.
10. Labour Market Re-Entry
In rare cases where a worker cannot return to their pre-injury employment despite maximum medical recovery and accommodation efforts, the WSIB may implement a Labour Market Re-entry (LMR) assessment. This process:
- Evaluates the worker's transferable skills and education.
- Identifies suitable occupations within the worker's functional abilities.
- May include retraining, formal education, or job search assistance funded by the WSIB.
- Requires employer cooperation in providing work history and job demand information.
HCMI cooperates fully with LMR assessments and will explore all possible positions within the company before agreeing that the worker cannot be accommodated.
11. HCMI RTW Coordinator Role
HCMI designates a Return-to-Work Coordinator who is responsible for:
- Serving as the primary point of contact between the injured worker, WSIB, and health care providers.
- Completing and filing all Form 7 employer reports within the three-day deadline.
- Requesting and reviewing Functional Abilities Forms from treating professionals.
- Developing individualized return-to-work plans based on FAF restrictions.
- Monitoring modified duty placements and adjusting as the worker's condition changes.
- Maintaining confidential claim files with all correspondence, FAFs, and RTW plans.
- Tracking WSIB premium impacts and identifying opportunities for claim cost relief (SIEF, transfers).
- Reporting quarterly on WSIB claim status and RTW outcomes to HCMI management.
12. Claim Management Best Practices
Effective claim management protects both the worker and the company. Follow these HCMI best practices:
- Report immediately — file Form 7 within 24 hours when possible, never exceed the three-day deadline.
- Be factual — report only what is known. Do not speculate about fault, pre-existing conditions, or whether the claim is legitimate.
- Document everything — maintain detailed records of all communications, offers of modified work, and worker responses.
- Stay in contact — regular, respectful communication with the injured worker shows care and keeps the RTW process on track.
- Offer early modified work — the sooner a worker returns to productive activity, the better the recovery outcome and the lower the claim cost.
- Request FAFs promptly — a clear picture of functional abilities allows HCMI to offer appropriate modified duties.
- Appeal when appropriate — if HCMI believes a WSIB decision is incorrect, the RTW coordinator will file an objection within the 30-day window through the WSIB Appeals Branch.
- Learn from every claim — conduct a root cause investigation for every lost-time injury and implement corrective actions to prevent recurrence.
HCMI Commitment: Every injured worker deserves prompt medical attention, respectful communication, and a clear path back to meaningful work. Our return-to-work program reflects our belief that workers are our most valuable asset. If you are injured, report it immediately — we are here to help.
