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Frontline workers such as first responders, and those who work at pharmacies, grocery stores, gas stations etc. require regular contact with the public in general, which may heighten their exposure to COVID-19.

This blog aims to highlight how the Workplace Safety and Insurance Board (“WSIB”) determines entitlement in COVID-19 related claims and what can be done to ensure that you are able to provide the information required to adjudicate the claim.

The WSIB considers the following factors in determining entitlement for the above-mentioned claim:

  1. The nature of the worker’s employment creating a risk of contracting the disease to which the public at large is not normally exposed; and,

    Information must be submitted to the WSIB to establish a claim for a work related COVID-19 diagnosis.
  2. Whether the workers’ COVID-19 condition is confirmed.

Information must be submitted to the WSIB to establish a claim for a work related COVID-19 diagnosis. It is important to include the following:

  1. Document the potential contacts through work to COVID-19 as opposed to personal activities;
  2. Diarize the potential exposures where members of the public were exhibiting symptoms of COVID-19;
  3. Verify whether you have a confirmed diagnosis by a testing centre or confirmed symptoms by a registered health professional; and,
  4. Determine the incubation period between the potential date of the exposure and the onset of symptoms.

The WSIB applies the following test in adjudicating your claim:  “Whether the work exposures were a significant contributing factor” to the development of the condition. If so, the WSIB should determine that entitlement be awarded in the claim.

If you have any questions about how to approach your WSIB claim, do not hesitate to reach out to our Employment and  Labour Group for guidance.

Author(s)

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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