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Health and safety consulting, wsib claims, health and safety training ontario, occupational health and safety ontario, occupational health and safety training, construction safety training


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How Safety Consulting Company can Help You in WSIB Claim?

What is WSIB and How Does it Work?shutterstock_51235186

  • WSIB stands for Workplace safety & Insurance Board. This is an Ontario government agency that used to be called the Workers Compensation Board. Even to this current date many people succumb to their injuries or illness at their respective workplaces; this is especially necessary in high risk work environments. Thus this agency was established, the WSIB.
  • WSIB is an agency that helps and protects workers; especially those who work in high risk environments. It makes sure the workers receive good compensation in case of an accident at the workplace. In addition to which the worker is also liable to benefits for loss of earnings due to the accident as per the Ontario Workplace safety and Insurance Act.
  • In fact the employer contributes towards an insurance fund which is usually province wide and their premiums are usually based on the employer’s payroll and their safety history as well.
  • The way this works is that the injured worker is compensated by the WSIB on a no fault basis; in the sense compensation is paid no matter who’s fault it is. In addition to which the employer is shielded from other liabilities. This effectively means that the employer cannot be sued for negligence.

Working of WSIB:

The working of the WSIB is quite straight forward as explained in slightly more detail here:

  • The employers contribute to a province wide insurance fund which may differ depending on the type of company. For example if it is a mining company the contribution would be slightly higher as compared to a restaurant.
  • In case of an incident the compensation is paid to the worker no matter who’s fault it is. The employer too benefits from the deal since he is then shielded from liability of any kind.
  • In every incident the employer has the right to question the cause and place of the incident. The employer can very prove that the incident took place while the employee was not on the work premises if he has such information.
  • Both the WSIB and the employer work together towards getting the worker making sure the worker recovers fast and is able to go back to his regular duties. In some cases it is also necessary for the employer to accommodate the worker by assigning him simpler tasks.
  • The worker has additional rights, in the sense that if the claims for benefits are either rejected or stopped for some reason the worker has every right to contact the Union for assistance and advice.

Injury at work claim?

  • There are several procedures and routines that the worker should be aware of if they ever have the need to file a claim. To start with it is necessary to immediately notify the employer about the accident or occupational disease.
  • In case of an injury the employer will usually have a first aid kit that the worker can use however if further assistance was necessary the incident needs to be reported to the WSIB within three days.
  • Besides which the worker should obtain a professional health report from the doctor that he has treated him. Additionally he should also report it to the union or health and safety representative.

How Safety first Consulting can help you to file a WSIB Claims?

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Safety First Consulting has a paralegal team that provides complete WSIB claims management system. This system is designed to reduce and control an employer’s costs associated with workplace injuries and illnesses as well as provide benefit to the injured employees. The service includes the following:

  • Assistance with the completion of all WSIB claims forms.
  • To liaise with WSIB and health care practitioners.
  • Complete development and implementation of work reintegration program with modified work packages.
  • The monitoring and follow up of modified work progress.
  • Reviewing of the functional abilities.
  • Providing appropriate representation and the important meetings like the return to work meeting as well as work translation meetings with WSIB.
  • Plan for work reintegration and assistance.
  • Review of the second injury and enhancement fund (SIEF) cost relief.
  • Provides appropriate representation at WSIB and WSIAT appeal hearings.

Filing a WSIB claims is easier that you can imagine if you have followed all the necessary steps mentioned earlier.

  • The worker needs to complete and sign the Worker’s report of injury or disease. Such a WSIB forms can be obtained from the WSIB website. There is also the option of calling on the toll free number 1-800-387-0750 to get the form.
  • It is necessary that you give your doctor special permission to share information regarding the treatment or functional abilities the employer. This basically is information about the worker’s limitations due to the injury.
  • In general the worker cannot receive more than two weeks of benefit without actually agreeing to the release of information from the consulting doctor.
  • WSIB will provide a claim number once a claim is submitted which basically means that you claim is being processed.
  • If due to some reason the claim is rejected, the worker can appeal within six months of the WSIB’s decision.

Thus WSIB claims process is something that has been established by keeping both the employees and employers in mind.

There are several advantages of opting for Safety Consulting , the main advantage being that while you can be sure that your interest is safe with us you can be concentrating on new clients and the day to day business.

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.


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Injury at work place – WSIB Appeal Process

WSIB appeals process for injured workers:WSIB appeals process

There is no denying that accidents occur at a work place. The risk level at a workplace is different for every profession. For example a construction site or a mine is a risky place to work and is more prone to accidents that other places, like an office building in the CBD where an IT company is conducting their business.

As per the statistics recently published approximately 4600 workers were killed while on the job in the year 2012. In a very sad incident that occurred in Turkey in May this year (2014), more than 250 miners were killed and they happened to be from many different countries besides Turkey.

But the issue of health and safety cannot be taken lightly by any employer. It is in fact the duty of an employer to provide a safe and secure environment for the workers to work in. There are some tasks and situations that are risky however if the correct guidance and training is provided, most these accidents can be avoided. If the employees are aware of the danger involved and are informed of what precautions to take it is likely that there will be lesser accidents.

However when accidents do occur there is a support system in place that can help you in every step of the way. You are entitled to make claims with the WSIB for compensation. The claim process involves filing the WSIB Accident Report as well as the WSIB Injury report. After the WSIB claims process makes the decision is not in the favor of the worker, there is a WSIB Appeals process too. Then have the right to appeal as well.

Multiple Appeal Levels:

The Ontario Worker’s Compensation system has two levels of appeal. The two levels of appeals are:

  • The Internal Appeal at the Workplace Safety and Insurance Board (WSIB) which is to be made before the Appeals Resolution Officer (ARO).
  • The external Appeal at the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
  • The appeals process usually takes place on an issue by issue basis and it must pass through each level. In general it is quite common for workers to bring up several issues during an appeal and also appeal several times during a claim process.

The time factor:

A claim in general takes time to be processed and is not instant; like just about any other claim process. However prior to that happening an initial decision process takes place. Here is a brief list of them.

  • The WSIB Case Manager makes the initial benefit decision.
  • The Nurse Consultant makes the initial decision about health care.
  • The Work Transition Specialist makes the decision about the work transition or re-entry.

There is time limit to the appeals process for each decision as well. In general the initial decision processes have approximately 6 month time limit. However the Work Transition decision will have only a 30 day time limit. This time limit will always be conveyed at the end of the decision letter that you receive. The worker can object with the intent to object form that is available from the WSIB website. At times it may be necessary to send several forms to comply with the various time limits. These time limits are usually quite strictly followed and it is only in rare cases that you can obtain an extension in the time of appeal.

Appeal Readiness:

Once the intent to object form is sent the relevant will review the issue under appeal. In the case where no changes are made to the claim decision, a copy of the file along with the appeal readiness form will be sent to the worker. The worker in turn needs to then complete this form and submit it back to the WSIB. However, this time there is no time limit for submitting this form.

Appeals Resolution officer (ARO) Appeal:

The WSIB Appeals manager makes the decision on whether the appeal requires an oral hearing or if a written submission is sufficient before the decision is made on the basis of the Appeal Readiness form that was sent by the worker. This is then passed on to the ARO. The ARO reviews the file and conducts the oral hearing if necessary during which the worker will need to testify. The final decision made by the ARO will be in the form of a written submission. The duration of this process can extend up to 20 months, however in general it takes 12 – 20 months.

Appeals Tribunal appeal:

The workers can appeal on the decision of the ARO as well once he makes his decision. They can make an appeal to the Appeals Tribunal by submitting the ‘Notice of Appeal’ form along with the decision of the ARO. This ‘Notice of Appeal’ form is easily available from the website of WSIAT however the appeal to the Appeals Tribunal needs to be made within 6 months of the decision of the ARO since it is almost impossible to get an extension of time after 6 months.

This process in this appeal is usually more thorough and then the ARO one. There are two additional forms, the readiness form and the confirmation of appeal form involved. In addition to this prior to the hearing taking place there is a telephone contact with the tribunal legal worker. Each process takes a lot of time at the end of the oral hearing the decision is finally made. The duration of this process is typically 12 – 243 months.

The decision made by the Appeals Tribunal is usually the final one and there is very little that can be done to change this decision.

How Safety First can help:

Safety First

Safety First is one of the few organizations that has the experience and means to help organizations in the matter of health and safety. Their courses are specially structured to help employees gain a better understanding of their respective working environments and thus prevent and incident from occurring. They have a strong team of certified professional safety consultants that can help businesses of all sizes and a wide range of industries 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.

The professionals at Safety First Consulting can show you how to navigate the sometimes technical and often confusing OSHA regulations with health and safety program ontario. They can help you figure out what regulations apply in your workplace and what you need to do to comply. Just know About us, take one of our classes, or request a Contact us form.

About the author

Sophie MooreSophie 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.

Learn more about her at her personal site. Follow her on Twitter, on Google +Sophie or become a friend on Linkedin