The Workplace Safety and Insurance Board recently updated a 2004 document on Operational Policy: Determining the Date of Injury. The date of injury determination is used primarily to establish the date a worker is first entitled to WSIB benefits/services, and to calculate the start of the 72-month loss of earnings (LOE) review period. The date is important if an accident occurred on or after January 1, 1998 since LOE payments cannot be reviewed more than 72 months from the date of injury, unless exceptional circumstances exist. The WSIB also uses the date of injury to calculate an employer’s re-employment obligation period and the period during which an employee is required to contribute towards a worker’s employment benefits.
Current date of injury determination
The date of injury, or date of accident, bears some explanation since it varies based on the type of claim. It can refer to:
- the actual incident date
- the date when an unexpected result of working duties occurs
- the date when medical attention is first sought
- the date of diagnosis
A chance event claim occurs when an identifiable, unintended event causes an injury and the date of injury is the date of the actual incident.
An unexpected result disablement claim occurs as a result of an injury suffered while a worker is performing his assigned duties and the date of injury is the date that the unexpected result occurs.
A gradual onset disablement claim-determined date of injury is the date of first medical attention which led to the diagnosis or the date of diagnosis, whichever is earlier.
An occupational disease claim occurs when a worker’s illness or disease results from a specific chance event and the date of injury is the actual date of the incident, except when an injury is the result of a cumulative effect of occupational exposure over months or years. In such cases, the date of injury is determined by when the illness or disease first becomes apparent and medical attention is sought or when a medical specialist conducts a proper clinical assessment to determine diagnosis.
If you are interested in reading the complete policy document, including examples of the different claim types, please visit:
