WSIB Representation

When you are injured in the workplace or believe you have sustained an injury that was a direct result of a performance you are required to do in your workplace you can file a claim with the Ontario Workplace Safety and Insurance Board (WSIB).  Upon filing a claim, the board will then contact your employer and begin the process of gathering evidence for their review.  It is at this time that you must also provide evidence including, but not limited to, your testimony, supporting medical documentation, any documentation from you reporting the injury to your employer, witnesses, etc.  Once the WSIB board has reviewed all of the evidence, there may or may not be a hearing, and a final decision will be rendered. 

Do I need a legal representative?

While many people represent themselves initially on their claim with WSIB it may be beneficial to have an experienced representative.  More often than not, the WSIB board tends to favor employers and both the board and your employer would prefer not to have to payout for a workplace injury or to provide extended medical costs.  Therefore the onus tends to fall on the injured worker to establish that the injury not only took place within the workplace, but also the extent of the injury and how it is impacting their ability to do their job, the impact it has on them outside of the workplace, and that the injury wasn't a result of direct negligence.  Any wrong answer or providing any information that may support a narrative where the injury falls anywhere outside the WSIB guidelines may result in your claim being dismissed.  In addition to this, we often see worker's penalized by their employers after filing a claim with WSIB.  People who have had excellent track records at work with no prior infractions suddenly begin getting scrutinized for everything, being called into meetings to discuss new issues that have arisen, and sometimes even terminated with cause.

This is why we encourage people who wish to proceed with a WSIB claim to have competent representation.  Not only is it important to you that WSIB provide you the benefits you and your employer have paid into, it can be critical that you receive those benefits to pay your bills and sustain you while you are off of work due to an injury.  Upon returning to work, we want to ensure you are provided with duties that conform to your restrictions and do not cause further injury.  Most importantly, we want to ensure your employer doesn't start looking for reasons to terminate your employment as a result of you being a burden on them.  After all, you injured yourself working for them and they should have to uphold their responsibility of ensuring that you are not simply discarded.

Do I need to hire a lawyer?

Both a paralegal and a lawyer may represent you in front of the WSIB board and or the WSIAT.  Whichever you choose, it is imperative that you ensure that your representative has both the knowledge and the experience to competently take on that roll as representative.  Who you place your trust in can heavily weigh in the resulting outcome.  It is far more difficult to undo the mistakes of a previous representative than it is to ensure you are properly represented from day one.

Rasouli Law prides itself in its competency to represent clients before the WSIB board.  When you retain our services we will fight for you to ensure you receive all the benefits you are entitled to in addition to ensuring your job security remains in tact and you are not wrongfully dismissed or penalized for filing a claim against your employer. 

Long-Term Disability (LTD)

If you have acquired an injury as a result of your workplace duties and cannot return to work or will be required to work on restrictive duties long-term, you may be eligible for long-term disability support which may provide you with part of your income.  The purpose of LTD is to make up for any financial difficulties you may experience due to an injury or being unable to work.

To qualify for LTD, you must have been out of work continuously for 17 weeks or more.  That is, you have exhausted the short-term disability process.  In this process, your disability is financed by your employer.

It is quite common for long-term disability claims to be denied for various reasons:

• Misrepresentation
• Missing medical records or evidence
• Requests or appeals missed deadlines
• Insufficient treatment compliance
• Policy exclusions
• Complainants not meeting the definition of the law

When you retain us at Rasouli Law we will not only represent you throughout the WSIB process but we will also represent you should you require this long-term disability support.  We know how important your income is to you and your loved ones and we want to ensure that you are afforded every right and that your interests are upheld.

WSIB Appeals and Reconsideration

After the WSIB board has reviewed the material within your file and they have rendered a decision, sometimes that decision is not favorable or may not reflect the benefits you are entitled to receive.  It may be necessary to file an appeal within WSIB and or request a reconsideration of that decision.  This step requires documentation and evidence to be promptly submitted, with strict deadlines, with the appropriate parties.  Failure to meet these deadlines or provide any necessary information or additional supporting evidence may result in your appeal not being heard.

WSIAT

Matters proceed to the Workplace Safety and Insurance Appeals Tribunal (WSIAT) when the party has exhausted all recourse available to them within the WSIB and WSIB appeals process.  Upon receiving the final decision of an appeal you may raise a further appeal with the WSIAT when you believe that your rights have been violated in the WSIB decision.  This is considered the final level of appeal for worker's compensation matters in Ontario.

Divisional Court Appeals

While a WSIAT decision is final and reconsiderations may be requested but are rarely granted, a party may request that the Ontario Divisional Court judicially review a WSIAT decision.  In order to do this an application for judicial review needs to be files with the Court.  The Divisional Court will then assess the decision on its merits and determine whether or not the decision was reasonable and correctly considered the application of law.  The Divisional Court has the authority to overturn the decision and refer the matter back to WSIAT. 

When dealing with a Divisional Court appeal you may only be represented by yourself or by legal counsel (lawyer).  This is because Divisional Court appeals are complex and require strict argument of law.  We encourage everyone to hire a competent legal representative to handle their matter when appealing to the Ontario Divisional Court.