Lawyers

In part one of this two-part series, we discussed some factors that are relevant to proper protocol in the wake of a workplace accident, some issues that may arise, and began discussing important steps to take to make sure that you aren’t hung out to dry when you get hurt at work. Primarily, we emphasized the importance of reporting your injury to your boss or manager – when you file a claim with the WSIB, your employer is obliged to file a report as well. This is standard procedure and there’s nothing to be afraid of. In our era of constantly sitting for hours with poor posture and clicking on computers, repetitive strain issues are extremely common, and while many folks are afraid they’ll be seen as weak if they report this type of injury. The truth is, RSI injuries are far more prevalent than you might think; they can really screw up your life if you don’t pursue therapy and time off work to rest. Goodman Elbassiouni LLP employs paralegals that have worked closely with the WSIB and our seasoned lawyers are expert at handling workplace injury claims – RSI related or otherwise.

To get back on track, and to the matter at hand, we’ll spend the rest of the post exploring essential protocol tips to ensure that when you file a claim with the WSIB, you get the compensation you deserve:

Keep a Journal

Keeping a journal is key because it helps keep dates and facts straight. This is especially important if your injury develops over time so that you have a clear sense of when it began and when it became a severe problem. The importance of seeing a doctor – which we mentioned in part one – goes hand in hand with the journal, since you’ll be able to cross-check the doctor’s notes with your own personal notes for maximum accuracy. Keeping a journal may also release some of the stress you’re feeling if you’re going through your ordeal alone, as well.

Consult Before You File

A lot of folks think that you should only consult with workers compensation lawyers in the event that your claim is rejected, but this is not necessarily so. Because we offer a free consultation for any prospective client, it’s in your interest to talk to one of our lawyers or paralegals before you file your report. This will not only help your chance of receiving your claim hassle-free, it will also mean that in the event that you need to appeal, you already have some sense of the process and problem followed all of the rules and fine print properly.

Let Your Family/ Friends Help You 

Even if you are an extremely independent spirit, the time following a work injury is no time to be stubborn and refuse help. It’s a relief to be able to delegate certain tasks to friends and family members who care about your health and well-being. You can even bring them to a meeting with our lawyers or have them on the line when you call so that they are fully in the loop and can take some of the weight off your shoulders. If you’re considering filing a claim with the WSIB, give us a call today and talk to one of expert lawyers or paralegals; Goodman Elbassiouni LLP is here to help!

 

If you follow our blog at all, or if you’ve ever researched the WSIB and worker’s compensation, then you know that obtaining compensation for your work injury is not exactly a straightforward process. Unfortunately, it is necessary to take a bit of precious time out of your schedule to learn about work injury protocol if you work a job that carries a high risk for injury. Even if you work an office job, this type of information can still prove to be valuable; surveys show that in the past half-century repetitive strain injuries (RSI) and back problems simply from sitting too much, have increased exponentially. In this secondary, subtler category of injury, you may feel timid about pursuing compensation – don’t; it’s your right as a citizen of Ontario to claim compensation, even for these more insidious injuries that manifest over time.

If you work in a warehouse or on a busy job site building condos and the like, you probably have some familiarity with the WSIB – whether it be personal or second hand, through a friend. But if you work in an office you may well never have thought about any of this stuff, however, the WSIB and WSIB lawyers such as ourselves exist for the benefit of everyone; office workers, construction workers and everything in between. So don’t be shy about claiming your compensation, no matter what field you work in. The bottom line is: if you’ve been hurt at work, you deserve the monetary compensation for therapy and rest time, end of story.

Now that we’ve got that straight, let’s spend the rest of this post looking at the basics of WSIB protocol and appeal protocol so that if you find yourself in a situation where you’ve been hurt at work, you know exactly what to do without hesitation. You can also call Goodman Elbassiouni LLP at any time for a free consultation if you’re worried about the legitimacy of your claim or if you’re feeling discouraged by the appeal process.

Inform Your Employer & File Your Claim

This is the scariest part for most people: if you are conscientious and sensitive it can be very stressful to inform your employer that you are filing a claim; they may get their back up and act like this a personal attack on them. There is, however, plenty of precedent in these cases and if you are genuinely in pain and discomfort you have nothing to worry about. A lot of the time, bosses and managers are not even up to date on WSIB policies and may not realize that they will not be asked to pay the compensation out of the company budget. If the system works, you will receive your claim through the WSIB. Unless your boss has contributed to an untoward or unsafe environment, they shouldn’t have anything to worry about.

Talk To Your Doctor

When you are hurt at work, go and see your doctor immediately. They will be able to diagnose you and gather information that may be pertinent to your claim and perhaps your appeal. Having this information ready in an organized, professional way will help your chances immeasurably.

While our blog and website have a good amount of info to help familiarize yourself with WSIB law and protocol, you can also contact us today if you’re feeling confused or need a little advice. Consultations are free and we work on a contingency basis, so there’s no harm in reaching out!

While climate change has shifted the way North American winters feel – sometimes providing weeks that feel more like spring than winter – we mustn’t let our guard down too much in these short, anomalous bursts. We’re still in for several more weeks of slippery, freezing cold weather, and because of all the warm weather, we may experience rain followed by freezing temperatures (as we’ve seen here in Toronto a couple of times this winter). Rainstorms followed by plummeting temperatures make the roads and sidewalks into a total nightmare that can threaten your physical health. If you find yourself badly hurt because a property owner didn’t take care to shovel or salt their walk, hire our slip and fall lawyers to work for you and claim your compensation!

You may experience some pangs of guilt if you decide to claim compensation in the wake of a slip and fall, but you shouldn’t. Ontario’s Occupier’s Liability Act is very clearly worded to indicate that if a public property is not well maintained and leads to injuries, the injured party is well within their rights to claim compensation for trauma and rehabilitation. We’ve dealt with hundreds of slip and fall cases in the past and we can tell you: it’s usually pretty clear in these cases that the landlord or property manager in question was not taking the proper measures to safely clear the walk.

Typical examples of liable parties are:

Property Manager

A Private Homeowner

Mall Manager

Hotel Manager

Apartment Owner

A huge part of these people’s jobs and responsibilities revolve around providing a comfortable and safe environment for tenants and visitors. If you are hurt on the property of a retail outlet because it wasn’t properly salted, it is particularly objectionable; customer experience certainly extends to the parking lot and the walkway out front. To neglect shoveling and salting is very poor customer service and dangerous, to boot! Another examples of negligent behaviour is the failure to indicate or dry up after an area has been mopped. The able-bodied often tend to forget that children, the elderly and folks suffering from physical maladies may be shopping and can slip much easier than some of us since their balance is compromised. The experts at Goodman Elbassiouni LLP have years of experience and indispensable, useful legal resources that can help you claim your compensation when you are affronted by a slip and fall due to poor property maintenance.

Lawyers at Goodman Elbassiouni LLP operate on a contingency basis, so we never get paid until you do. Thus, even if you’ve just had an accident and you’re unsure of how to proceed, you can book a free consultation with us and speak to a lawyer or paralegal who is versed in the protocol and the facts. Just remember, the sooner you file your claim with the OLA (Occupier’s Liability Act), the better your chances will be. Furthermore, getting the details down and talking to your doctor while the injury is still new is always in your best interest, since you will be able to provide the most vivid, compelling argument. Although you have up to two years to file after a slip and fall, the longer you wait the more complicated the process may become.