What to Do If Your Employer Refuses to Report Your Injury to WSIB in Ontario

Sustaining an injury on the job is a terrifying experience, especially when you are unsure how you will pay your bills or afford medical treatments. Under the Ontario Workplace Safety and Insurance Act, employers have a strict legal obligation to report workplace injuries to the Workplace Safety and Insurance Board (WSIB). Unfortunately, many workers in Toronto, Mississauga, Windsor, and across the province face a deeply frustrating scenario: their employer refuses to file the mandatory paperwork. Some employers try to convince workers to use their private sick days, offer to pay “under the table,” or even threaten termination if the injury is officially reported.

You must understand that an employer cannot legally prevent you from filing a WSIB claim. The system is designed to protect you, not just the company. If your boss is dragging their feet, making excuses, or outright refusing to submit the required “Form 7” (Employer’s Report of Injury/Disease), you possess the power to initiate the claim entirely on your own. In this highly detailed guide, we will walk you through the exact steps you need to take to protect your health, your income, and your legal rights in Ontario.

Understanding Employer Obligations in Ontario

In Ontario, the law is incredibly clear. If a worker requires medical attention beyond simple first aid, or loses time from regular work, or earns less than regular pay for doing modified work, the employer must report the incident to the WSIB within three business days of learning about it. They do this by submitting a Form 7. 📝 It is considered a serious provincial offence for an employer to discourage a worker from claiming WSIB benefits or to fail to report an accident.

Employers who hide injuries are usually trying to avoid increases in their WSIB insurance premiums. However, agreeing to their terms leaves you extremely vulnerable. If your injury worsens six months from now and requires surgery, and there is no official WSIB record of the accident, you could be left without any income replacement or medical coverage. Therefore, you must take immediate control of the situation.

Step-by-Step Process in Ontario

If your employer is uncooperative, do not panic and do not argue with them endlessly. You can bypass them completely by communicating directly with the WSIB and your healthcare providers. Here is the step-by-step process every injured worker in Ontario should follow.

Step 1: Seek Immediate Medical Attention

Your health is the absolute priority. Go to the nearest hospital emergency room, walk-in clinic, or your family doctor immediately. When you arrive, you must explicitly state that you were injured at work. 💊 The doctor is legally required to fill out a Form 8 (Health Professional’s Report) and send it directly to the WSIB. This form acts as powerful, objective medical evidence that your injury occurred on a specific date and is related to your employment.

Step 2: File Your Form 6 (Worker’s Report)

Do not wait for your employer’s Form 7. You must immediately complete and submit a Form 6 (Worker’s Report of Injury/Disease) to the WSIB. This form tells the Board your side of the story, detailing how the accident happened, what body parts were injured, and the names of any witnesses. You can file the Form 6 easily online through the WSIB website, or you can print it and mail it in. You must also provide a copy of this completed Form 6 to your employer, regardless of how uncooperative they are being.

Step 3: Document Everything Carefully

Because your employer is already showing signs of being difficult, you must treat your situation like a legal case. Keep a detailed personal journal of every event. Save all text messages or emails where you informed your manager about the injury and where they refused to report it. Write down the names and contact information of any co-workers who saw the accident happen. If your claim is disputed, this evidence will be invaluable for your lawyer or paralegal.

Step 4: Communicate with the WSIB Adjudicator

Once the WSIB receives your Form 6 and the doctor’s Form 8, they will assign an Adjudicator to your file. The Adjudicator will notice that the employer’s Form 7 is missing. They will then proactively contact your employer to demand the form and investigate the delay. You simply need to answer the Adjudicator’s questions honestly and follow their instructions.

How Much Does it Cost in Ontario?

Filing a claim and navigating the early stages of the WSIB process is designed to be accessible to all workers, regardless of their financial situation. For workers, your Loss of Earnings (LOE) benefits generally replace 85% of your pre-injury net average earnings. However, under Bill 105 (the Protecting Ontario’s Workers and Economic Resilience Act, 2026 or POWER Act), introduced in April 2026, the province is proposing to increase this rate to 90% for new claims and eliminate the automatic termination of benefits at age 65 for workers who intended to continue working. On the employer side, those who engage in bad-faith practices face massive repercussions. Under Bill 30 (the Working for Workers Seven Act, 2025, which became law in late 2025), a new Section 22.2 was added to the WSIA, strictly prohibiting employers from making false or misleading statements to the WSIB regarding a worker’s claim. Employers who violate these rules face severe administrative penalties, and prosecution can lead to maximum court fines of up to $750,000 per conviction for repeat offences or where aggravating factors exist. Here is a breakdown of the costs and potential benefits, in Canadian dollars (CAD).

How Long Does the Process Take?

Time is of the essence in workers’ compensation. By law, you have exactly 6 months from the date of your accident to file your Form 6. If you miss this deadline, it becomes extremely difficult to have your claim accepted. Once you successfully submit your Form 6 and the doctor submits Form 8, the WSIB generally aims to make an initial eligibility decision within 14 to 30 days. If your employer actively disputes your claim, the investigation may take a few weeks longer, but WSIB will not delay your claim indefinitely just because an employer refuses to cooperate.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca