Document name
Date of Injury
Document number
POL 04/2013

Effective date: July 1, 2013

Approved date: May 22, 2013

Application: All claims.

Policy subject: Decision making - Principals

Purpose:

To establish guidelines for determining a worker’s date of injury.

DEFINITION

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Acute injury means an injury caused by an identifiable work-related incident that results in immediate or near immediate symptoms.

Delayed onset injury means an injury caused by a single or series of work-related incidents or exposures over time that results in a delayed symptom onset.

BACKGROUND

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Section 2(1)(r) of The Workers’ Compensation Act, 2013 (the “Act”) states that “”injury” means all or any of the following arising out of and in the course of employment:

  1. the results of a wilful and intentional act, not being the act of the worker;
  2. the results of a chance event occasioned by a physical or natural cause;
  3. a disabling or potentially disabling condition caused by an occupational disease;
  4. any disablement.”

POLICY

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  1. The date of injury for acute injury claims is the date of the identifiable work-related incident.
  2. The date of injury for delayed onset injury claims is the date the worker initially:
    1. sought medical care for the injury; or
    2. reported the injury to the WCB;

whichever occurs first.

  1. The date of injury for communicable disease injury claims, although considered delayed onset, is the date the worker initially:
    1. sought medical care for the injury;
    2. reported the injury to the WCB; or
    3. informed the employer of the injury;

whichever occurs first.

Policy references

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Section heading

Legislative Authority

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The Workers’ Compensation Act, 2013
Sections 2(1)(r), 26, 27

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Document History

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(1)    January 1, 2014. References updated in accordance with The Workers’ Compensation Act, 2013.
(2)    POL 39/80, Date of Injury (effective February 26, 1980 to June 30, 2013).
 

Section heading

Complements

Section detail

All policies and procedures in Decision Making – Injuries

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