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How To Make An Appeal

You were injured at work, filed a claim with the Workplace Safety and Insurance Board (WSIB), and the results were less than favourable. They didn’t flat out deny your claim, but you were left with significantly less than you expected. Sound familiar?

Thankfully, you don’t have to take their verdict lying down; you can still file an appeal! If you decided to represent yourself in your workers compensation hearing with the WSIB, but received poor results, don’t make the same mistake twice. Hire a law firm like ours, Goodman Elbassiouni LLP, which specializes in workers compensation law and knows how to successfully represent clients in WSIB hearings. We’ll make sure that you receive just compensation for your injuries so that you can focus on what’s most important: healing and getting back to living your life.

If you’ve decided you want to file an appeal, how exactly do you or your lawyer go about doing it? The first thing that will need to happen is that you will need to fill out an ‘intent to object’ form. This form essentially tells the board that you intend to file an appeal, and asks you to include whether you intend to use legal representation and their contact details, your reasons for wanting an appeal, and any new evidence you may wish to bring forth in the appeal process. It is not a document that should be filled out lightly and your law firm, if you choose to use one, should be able to help you complete it.

Every WSIB decision must be given to claimants in writing. On the document you are sent regarding the results of your first claim hearing you should also see the deadline to submit an ‘intent to object’ form. Depending on whether you are appealing the timeframe the WSIB determined that you could realistically return to work or another compensation matter, you are given either 30 days or 6 months to file your ‘intent to object’ form. This deadline is incredibly important, and you need ensure you meet it. If you miss the deadline, you might not be able to appeal.

Once the WSIB has received your ‘intent to object’ form, they will send you another letter on the next steps you need to take. Depending on your particular circumstances, you will then either be given an oral hearing or, for special cases, a hearing in writing. Most likely you will be given an oral hearing though, where you or your lawyer will be asked to present your case either in person or via teleconference (if you are physically unable to travel or need an expedited response).

At your appeal hearing, you and witnesses of the event will be asked to answer questions under oath. You will also be able to present any new evidence you may have gathered and your arguments as to why the first verdict was unjust. It is incredibly important here that you are including new information that was not presented at your first hearing. This will give you a significantly better chance for success. Your law team should be able to work with you to create a solid plan of attack so that you are prepared for the hearing and ready for anything. If you would like more information on how we can guarantee you success in your case, please do not hesitate to contact us at our law offices. We are always happy to help!


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