In Ontario, if a shop steward or union representative is injured while performing union duties, WSIB coverage depends on who is paying them at the time. If the employer pays their regular wages during union business, the employer’s WSIB account handles the claim. If the union pays them directly, the union is generally considered the employer for WSIB purposes.
Workplace representation is a vital part of Ontario’s labour landscape, particularly in heavily industrialized cities like Hamilton, Windsor, and Toronto. Shop stewards and union representatives dedicate significant time to resolving grievances, attending health and safety meetings, and negotiating collective agreements. However, if a worker is injured while engaged in these union activities rather than their standard job duties, confusion often arises over who is responsible for their Workplace Safety and Insurance Board (WSIB) claim.
Determining liability in these unique scenarios requires a close look at the specific collective agreement and the concept of “course of employment.” 📍 Because both the union and the employer want to minimize their WSIB claim costs, injured representatives can sometimes find themselves caught in the middle of a bureaucratic dispute. Consulting an experienced local workplace injury lawyer can help clarify your entitlements and ensure your claim is filed correctly without unnecessary delays.
Step-by-Step Process for Establishing WSIB Coverage in Ontario
Whether you work in a manufacturing plant in Oshawa or a public sector office in Ottawa, the process for establishing WSIB coverage for union business follows specific provincial guidelines.
Step 1: Identifying the Payer of Wages
The first and most critical step is establishing who was compensating the worker at the exact moment of the injury. Your WSIB case manager will review whether you were “on the clock” for your primary employer or if you were on an unpaid leave of absence and receiving a stipend directly from your union local. Generally, the entity issuing the paycheque for that specific time period bears the WSIB responsibility.
Step 2: Reviewing the Collective Agreement
The WSIB will require a copy of the active collective agreement between the employer and the union. 📝 Many modern agreements in Ontario contain specific clauses stating that union representatives are deemed to be in the course of employment for the company while handling grievances on company property. This legal document often serves as the deciding factor in liability disputes.
Step 3: Submitting the WSIB Form 7
Regardless of the dispute, an Employer’s Report of Injury/Disease (Form 7) must be filed within three days of learning about the injury. Both the employer and the union might need to collaborate on this step. If the primary employer refuses to file the form because they believe the union is responsible, the worker should immediately file a Worker’s Report of Injury/Disease (Form 6) to protect their rights.
Step 4: Determining the Location and Nature of the Task
The WSIB also investigates where the injury happened and what the worker was doing. 🔍 For example, an injury sustained during a joint health and safety committee meeting on company property is almost always the employer’s liability. Conversely, an injury occurring at an off-site union training seminar paid for by the union is typically the union’s responsibility.
Step 5: Receiving the Adjudication Decision
Once all documents are gathered, the WSIB adjudicator will issue a formal decision letter naming the “employer of record” for the claim. This determines which account will absorb the claim costs. If either the employer or the union disagrees, they have the right to appeal the decision through standard WSIB channels.
How Much Does it Cost and Who Pays?
For the injured worker, medical care and wage replacement are provided regardless of who the employer of record is. However, the financial impact on the employer or union can be substantial under Ontario’s rate framework.
| Responsibility Factor | Potential Financial Impact (CAD) | Details |
|---|---|---|
| Employer-Paid Union Time | Impacts Employer Premiums | If the employer pays the wages, claim costs affect the company’s WSIB premium rates. |
| Union-Paid Time (Union Leave) | Impacts Union Premiums | If the union pays directly, the union’s own WSIB account bears the claim costs. |
| Worker’s Out-of-Pocket Costs | $0 CAD | The injured union rep pays nothing for approved medical treatments or wage loss. |
| Legal Appeal Fees | $250 – $600+ / hour | If liability is heavily disputed, parties may hire lawyers to argue before the Appeals Tribunal. |
It is crucial for unions in Ontario to ensure they maintain active WSIB coverage for their paid executives and stewards to avoid severe penalties.
How Long Does the Process Take?
In straightforward cases where the collective agreement clearly dictates liability, the WSIB typically processes the claim and initiates wage replacement within 2 to 4 weeks. However, if the employer and union fiercely dispute who is responsible, the adjudication and subsequent appeals can delay the final assignment of liability for several months, though the worker usually receives interim benefits during the dispute.
Frequently Asked Questions (FAQ)
Am I covered by WSIB while on a legal picket line?
Generally, injuries sustained while participating in a strike or walking a picket line are not covered by the employer’s WSIB account, as you are not in the course of employment. Coverage would only exist if the union specifically pays WSIB premiums for picketers.
What if I am injured at an off-site union convention?
If the union pays your expenses, travel, and wages to attend a convention, the union is typically considered your employer for WSIB purposes during that trip.
Can the employer refuse to fill out a Form 7 for union business?
No. By law, if an employer is notified of an injury that occurred on their premises or during paid time, they must file the Form 7 within three days. They can note their objection to liability on the form, but they cannot simply refuse to file it.
Who covers my WSIB premiums when I am a full-time union rep?
If you are on a permanent leave of absence from your company to work full-time for the union local, the union is responsible for paying your WSIB premiums as your primary employer.
Do I need a lawyer to sort out who pays my claim?
While the WSIB will make an initial ruling, disputes between powerful employers and unions can become highly complex. Consulting a workplace injury lawyer ensures your benefits are not delayed while the two entities argue over liability.
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