Workplace Safety and Insurance (WSIB)

If you have an injury at work, or develop a disability or disease because of the work you do, this is a work-related disability and you are an injured worker.  Most injured workers in Ontario are entitled to Workers’ Compensation benefits. The law related to Workers’ Compensation is the Workplace Safety & Insurance Act, 1997 and it is administered by the Workplace Safety & Insurance Board. Injured workers can receive the following benefits from the Workplace Safety & Insurance Board:

• If you lose wages because of a work-related disability, you can receive compensation for your wage loss.
• You also can have your medications, or other health-care expenses for your work-related disability paid for.
• You can have assistance in returning to work with your employer.
• If you cannot return to work because of your work-related disability you may be entitled to be retrained for a different kind of job that you can physically do.
• If you have a permanent work-related disability you can receive money for your impairment.
• If this permanent disability causes you to lose wages, you can receive partial or full compensation for your wage loss.  Any wage loss benefit should last while the disability lasts, or until you turn 65.
• In some circumstances you can continue to receive certain benefits beyond 65.
• If you die as a result of your work-related disability or injury at work, your surviving spouse (and in some cases your children) can receive benefits and services

In order to apply for benefits you need to fill out a workers’ report of accident.  Either your employer or doctor should have these; if not you can contact the Workplace Safety & Insurance Board at 1-416-344-1000 or toll-free at 1 (800) -387-0750.  The Workplace Safety & Insurance Board also has a website: www.wsib.on.ca.

Our Clinic provides representation and summary advice in regards to all aspects of a Workers’ Compensation Appeal.

If you have applied for Workers’ Compensation benefits and have been turned down or if you have received Workers’ Compensation benefits, but have been cut-off we can assist you in appealing this decision and building your case.  In some cases we will represent you at your hearing before the Workers’ Compensation Board and/or the Workers’ Compensation Appeals Tribunal.

We can also answer any questions you have regarding eligibility for benefits, amount of assistance and benefits available for injured workers recipients.

Appeal Process

If you have applied for Workers’ Compensation benefits and been denied or your benefits have been altered in any way you can always challenge that decision.

The first step in challenging any decision is to object to the decision in writing.

For most decisions involving benefits, this must be done within 6 months of the date of the decision.

For decisions involving either a return to your employer or retraining, you must object within 30 days of the date of the decision.  The decision usually will tell you when you must appeal.

This decision will also contain an “intent to object” form that can be used to object to a decision in writing.  You can obtain the appeal form by calling the Workplace Safety & Insurance Board at:  416-344 -1000 or 1-800-344-1000, 8:30 a.m. to 5:00 p.m., Monday to Friday

You can download it directly from their Website: https://www.wsib.ca/sites/default/files/2019-02/2397a_06_14_fs.pdf,

If you do not have an intent to object form, you can write a letter to the Workplace Safety & Insurance Board setting out the decision that you are appealing along with brief reasons of why you are appealing the decision.

Once you object to a decision in writing, you will be sent a copy of your file along with an Appeals Readiness Form.

The Appeals Readiness Form must be filled in along with detailed reasons for your objection. When filling out this form you can ask to have a hearing of your appeal; you must provide reasons for asking for a hearing.  If you do not ask for a hearing, or the Appeals Branch decides not to give you a hearing, the Appeal will be decided without a hearing.   The file will be sent to the appeals branch for review by an appeals resolutions officer. Eventually the Appeals Resolutions Officer will make a decision.

Other sources for assistance with your appeals

If you have a union at work, your union can, and often will, provide excellent advice and representation with respect to your Workers’ Compensation matters. There is also the Office of the Workers’ Advisor. The OWA provides free services to non-unionized injured workers and their survivors in workers’ compensation matters: They can be reached at: 1-800-435-8980 (Service in English) or 1-800-661-6365 (Service in French).

 

The Steps to Justice website offers step-by-step information about workplace safety, insurance and other common legal problems.