WSIB

Workplace Safety and Insurance Board (WSIB)

The Workplace Safety and Insurance Board (WSIB), or what is commonly referred to as “worker’s comp”, administers the Workplace Safety and Insurance Act; provides no-fault collective liability insurance; employer access to industry-specific health and safety information; and access to industry-specific health and safety information; and employee loss of earnings benefits and health care coverage. The WSIB’s services and benefits are only available to employers and employees IF the employer has registered with the WSIB.

In Ontario, the film, television and digital media industry is what is referred to as a Schedule 1, by application, industry. As such, employers only receive coverage for their employees if they register with the WSIB. Most of the Ontario film, television and digital media industry’s collective and independent production agreements make registering for WSIB coverage mandatory.

In the event of an employee suffers a workplace accident/injury the worker should get first aid or other health care immediately as required, and advise the employer of the accident/illness as soon as possible.

In the event of a workplace accident/injury that results in an employee losing time from work, or for which an employee receives health care treatment, the employer has several obligations including paying the injured worker his or her full wages for the day or shift the accident/injury occurred; arranging and paying for transportation on the day of the accident to get the injured worker to health care, if needed; submitting a completed Employer’s Report of Injury/Disease (Form 7) three (3) days of the accident/injury; and providing a copy of the Form 7 to the injured worker.

An injured employee is required to sign the employer’s completed Form 7 to indicate s/he concurs with the events that unfolded as well as the description of the injury sustained. In the event an employee does not sign the Employer’s Form 7, the employee will be required by WSIB to complete the Worker’s Report of Injury/Disease (Form 6) and submit this to the WSIB.

The WSIB makes no distinction between “employees” and “corporations” or “loanouts” when determining if a worker is eligible for coverage in the event of a workplace accident/injury within the film, television and digital media industry. The WSIB has issued a Fact Sheet that regardless of ones’ status with the Canada Revenue Agency (CRA), an employee or independent contractor is deemed a “worker” for the purpose of WSIB coverage. Notwithstandingthis, it is critical to understand that the WSIB only calculates health and income replacement benefits on income amounts that a worker, corporation or loanout actually reports to the CRA. As a results, workers providing services through a loanout or other corporation may be entitled to lesser payments from the WSIB due to the lower amounts of income paid to them by their corporation.

For more information, please contact the WSIB directly: