Workers compensation Insurance:
In Ontario, most workers who are injured, that is, those who have a work-related disability after being injured, contracted an illness, or become partially or totally disabled because of their work, are entitled to workers’ compensation benefits. The law applicable to workers’ compensation is the Workplace Safety and Insurance Act, 1997 , which is administered by the Workplace Safety and Insurance Board (WSIB). ).
Injured workers may receive the following WSIB benefits:
if you suffer a loss of earnings due to a work-related disability, you may receive loss of earnings benefits;
you can also get a refund for the cost of your medications or other health care costs;
you can receive help to return to work for your employer;
if you have a permanent work-related disability, you will be able to receive compensation for your disability;
in some cases, you may continue to receive certain benefits after the age of 65;
Our clinic provides representation and summary advice on all aspects of appeals of worker compensation decisions.
In some cases, we will represent you at your WSIB hearing or at the Workplace Safety and Insurance Appeals Tribunal.
We can also answer your questions about eligibility for benefits, as well as the amount of assistance and benefits that injured workers can access.
To this end, you must first object in writing to the decision. In most benefit cases, the notice of dispute must be given within six months of the date of the decision. When the decision concerns a return to work or a retraining opportunity, you must challenge it within 30 days. The deadline for appeal is usually indicated in the decision.
When you send a written notice of dispute, you will receive a copy of your file and a dispute form. You will need to fill out this form with details of why you are opposed to the decision. The file will be sent to the Appeals Branch for review by an Appeals Commissioner. After discussing with your representative or yourself, the Commissioner will decide how to deal with your dispute and will ultimately make a decision.
You can also download the appeal notice directly from the Appeal Tribunal website: click here .
Other sources of help in the event of an appeal
There is also the Office of the Worker Adviser, which offers free services to non-union workers who have suffered an accident at work or an occupational disease, and to their survivors. You can reach him at 1.800.661.6365 (services in French) or at 1.800. 435.8980 (services in English).