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 through the Office of the Worker Advisor. An experienced law firm like Goodman Elbassiouni LLP, which specializes in workers’ compensation law and knows how to successfully represent clients in WSIB hearings, can help you dispute the WSIB’s decision. 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.
How to File a WSIB Appeal
Intent to Object Form
If you’ve decided you want to file an appeal, how exactly do you or your lawyer go about doing it? The first thing you’ll need to do is fill out an ‘intent to object’ form. This form essentially tells the board that you intend to file an appeal. It will ask 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.
This 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 correctly.
Every WSIB decision must be given to claimants in writing. In 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 within the timeframe that the WSIB determined you could realistically return to work, you are given either 30 days or 6 months to file your ‘intent to object’ form. This deadline is incredibly important, and you need to ensure you meet it. If you miss the deadline, you might not be able to appeal at all.
Oral Hearing or Hearing in Writing
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.
It is most likely that you will be given an oral hearing, 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 to include new information that was not presented at your first hearing. This will give you a significantly better chance of success. Your legal team can work with you to create a solid plan of attack so that you are prepared for the hearing and ready for anything.
Appealing an Unfair WSIB Decision? Contact Goodman Elbassiouni LLP Today
If you would like more information on how we can assist with your WSIB appeal, please do not hesitate to contact our Toronto WSIB appeal lawyers today. We offer free consultations to injured workers across Ontario.