Thinking about appealing?
WSIB (Workplace Safety and Insurance Board) is an independent trust agency that administers compensation for Ontario Workplaces. They provide wage loss benefits, medical coverage and even help getting back to work. What this means for the employer is that if an worker is injured while on the job then the employer need not worry about being sued by the worker.
As far as worker is concerned, if he is involved in a work related incident, WSIB can help them. They help the worker in many different ways like mentioned here:
- Loss of earnings benefit.
- Health Care costs coverage.
- Supporting you while you are getting back to work.
All workers should be aware of the existence of WSIB, since it can come in handy in case of an injury. If you are confident that there is no chance you being a victim of a workplace incident than think again.
There is a risk of either an accident or illness as a result of a workplace incident in just about any profession. That said there are some professions that are riskier than others.
Constructions sites and mines are a few places that are highly risky. There are many fatalities every year in such places. In fact in a recent accident in a mine in Turkey more than 250 people were killed. This included workers from many different countries. This was as recent as the May of 2014.
Thus accidents at workplaces is a very real issue and it is important that you understand how to deal with such situations.
How do I file a WSIB claim?
Once an incident does take place at a workplace it should be reported immediately and the worker should seek medical attention right away. Additionally it is necessary to request the person treating your (Doctor) to send a Health Professional’s Report (Form 8) to the WSIB. In addition to this it is also a good practice to report the incident to the workers union or the supervisor.
Filing a WSIB Claims is easier than you think and is something that is mentioned here in depth. To start with it is necessary to fill in the Worker’s Report of an Injury or Disease (Form 6). This form is generally available from the WSIB website. You also have the option of calling their toll free number.
There are several conditions prior to obtaining the WSIB benefit that need to be fulfilled. For example it is a must to allow your doctor to release the information about your functional abilities to your employer. This is a report that contains information describing the level of injuries and to what extent they prevent you from performing several important tasks.
It in fact mentions what the injured worker cannot do (from the perspective of working for the company). If in case the Form 6 is not submitted, the worker is not likely to get benefits for more than 2 weeks.
It is also possible for the employer to file a Employer’s Report of Injury (Form 7), based on which WSIB will assign you a claim number and request you to submit Form 6. This form 6 is also available in the electronic form and is called the eform 6. It can be filled in on the WSIB website. However the electronic form must be printed once filled and a copy should be given to the employer.
What if my WSIB claim is denied?
There are many circumstances in which your WSIB benefit claim may be denied. But instead of jumping straight into the WSIB appeal process it is advisable to discuss the issue with the person who made the decision. It is likely that the out come of this health discussion goes in your favour and thus you can save a great deal of time and effort in this manner.
On the other hand if you do have to make an appeal in spite of discussion here are a few things to keep in mind:
- WSIB has a set procedure to follow for the dispute process and can also guide the people that need assistance in this matter.
- It is important that you ask about any doubts you have regarding the appeal and always maintain clear communication.
- Do not waste a lot of time before deciding to make an appeal since there is a time limit to make an appeal as will be explained in the document sent you.
- Include in your appeal a written explanation regarding your objection to the decision that has been made. This will help the everyone understand your concerns.
Appeals made by the employer:
Any WSIB decision can be appealed and even the employer can appeal this decision. In the case where the employer makes an appeal the worker will receive a Participant form (or procure one from WSIB) and submit it to WSIB to be a part of the appeal.
It is necessary that you submit the Participant form within 30 days to ensure that you receive notice of the proceedings and even an opportunity to participate in the appeal process.
Decision of the Appeal Resolution Officer:
The Appeals Services Division publishes the decision of the Appeal Resolution Officer on a website online. However in order to protect the privacy of workplace parties, the name of the worker, claim number, employer’s name and other important details are left out of the sheet published online.
Choosing Safety First Consulting to help you make the WSIB Appeals:
As per the statistics released in 2012 approximately 4628 workers were killed while on the job. A more recent example is the accident that occurred in the mines in Turkey. This occurred in May 2014 and more than 250 people from many different countries were killed.
Safety First Consulting offers a wide range of services and is a licensed paralegal firm regulated by the Law Society of Upper Canada. They understand the WSIB process and the importance of keeping the costs involved for both the employers and employees(workers) low.
There point of involvement starts right after the occurrence of the incident or right when you need to make the appeal. From that point onwards till the resolution of the claim, Safety First is always with you, helping you out and furthermore providing quick response. As far as assistance with the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is concerned, they provide full representation as well.
Safety First Consulting Professional Corporation is a licensed paralegal firm regulated by the Law Society of Upper Canada (LSUC). Our paralegal team provides a widespread WSIB claims Ontario management system that is designed to reduce and control an employer’s costs associated with workplace injuries and illnesses. Our pro-active program begins at the point of occurrence and continues to the final resolution of the claim with a rapid response.
About the Author
Sophie Moore is a Digital Marketing Analyst, in charge of many digital marketing projects that involve SEO, Social Media and mobile web strategy. Moore has a background in IT, strong experience on website development and web interface, degrees in both traditional and digital marketing at Duke University, North Carolina.
Moore has a wide experience of internet projects and keeps herself up to date with the latest technologies and trends. Moore always explains that social media is her passion, SEO a motivation and a dynamic challenge where she is involved every day.
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