What Is WSIB
If you have been injured at work, you may be entitled to financial compensation through WSIB- the Workplace Safety and Insurance Board. A lawyer specializing in WSIB claims can advise and guide you through the filing process as well as assist you if your claim is denied.
How Is It Different From Personal Injury
It’s important to remember that WSIB law is not the same as personal injury law- the rules of personal injury law will only apply if the injuries are sustained outside the course of your employment. This distinction is important because in some cases injuries may occur in a situation that could be viewed as either a work injury or non-work injury. If this is the case, it is vital to speak to a lawyer who understands both personal injury law as well as WSIB law. You will not be permitted under the law to get compensation from both a personal injury lawsuit and WSIB benefits so before deciding which option to pursue it is highly recommended to speak to legal specialists who understand both areas.
How The WSIB Filing Process Works
WSIB claims are assessed on the basis of 3 main documents that are submitted following a workplace injury.
Form 6: The first step of filing a WSIB claim is completing Form 6, The Worker’s Injury Report. This report will include a description of what your injury was, how it happened, the medical treatment received, and the lost wages or time missed from work. It should be noted that the form requests very specific details- e.g. dates, times, witnesses, and qualitative descriptions. For this reason it is important that you try to keep notes of your injury and treatment. This document is very important because it provides the basis for assessment on whether your claim will be granted. For this reason you may wish to have a lawyer assist you before submitting this document.
Form 7: This document is The Employer’s Injury Report- similar to Form 6, but from the employer’s perspective and to be filled out by your employer. This information will be assessed to ensure it corresponds with the information provided in Form 6. As a result it is extremely important you ensure your injury has been reported to your employer as soon as possible and that they are keeping notes of the details of your injuries.
Form 8: This document is a medical assessment to be filled out by the doctor that treats you. It is meant to provide the WSIB with an accurate picture of the nature of your injuries. For this reason it is extremely important that you seek medical care as soon as possible- the longer you wait until seeing a doctor, the less clear the link will be between your workplace accident and the injuries you sustain. Claims may succeed or fail depending on whether it can be established that the injuries you are suffering from were in fact caused by the incident at work and not by other pre-existing accidents or injuries you may have experienced.
How the WSIB Appeal Process Works
If your claim is granted, you will begin receiving compensation from the WSIB while you are recovering from your injuries. However, there is also the possibility that your claim could be denied. A third possibility is that your claim is initially granted but then payments stop before you believe you are able to return to work. If your claim is denied or your benefits are ended early, you will need to pursue payments through the WSIB appeals process.
It is strongly recommended to seek legal advisement in the appeals process to ensure that a strong counterargument is made for whatever reason the WSIB has denied your claim. Regardless of where you live and what city your work injury happened in, the hearings for all WSIB appeals occur in Toronto. For this reason you may find it beneficial to contact a Toronto lawyer even if you live outside that region.
Please note that the deadlines for filing an appeal are strictly enforced. This means that even if you have a strong case, if you do not file your appeal within the time limit you will not get a hearing.