Workplace injury claims can be complex, often involving multiple stages such as initial entitlement, medical benefits, and loss of earnings compensation. Injuries can worsen over time, leading to complications with claims or denials, especially in cases involving gradual onset injuries. The Workplace Safety and Insurance Act establishes a multi-level process for appeals, which includes the WSIB and the Workplace Safety and Insurance Appeals Tribunal (WSIAT). These bodies are in place to protect your rights, but navigating this system can be daunting without proper knowledge.
To protect your rights, consider the following tips when appealing a WSIB claim:
1. Review the WSIB Decision Letter Carefully
The decision letter outlines why your claim was denied or your benefits reduced. Take time to thoroughly understand the reasons so you can address them in your appeal.
2. File Your Appeal on Time
You typically have six months to file an appeal after receiving your decision, except for return to work or work transition issues which you have up to 30 days. If you miss the deadline, you may lose your right to appeal. Submit the Intent to Object Form, which is available on the WSIB website, as soon as possible to formally notify the WSIB of your appeal.
3. Gather Key Evidence
Supporting your case with solid evidence is crucial. Collect updated medical reports, professional healthcare opinions, witness statements, or additional documents that were not submitted in the initial claim. Ensure these documents address the issues raised in the WSIB decision.
4. Seek Legal Assistance
The WSIB appeals process involves complex legal and procedural rules. Hiring a legal professional experienced in WSIB claims can significantly increase your chances of success by helping you collect the right evidence and build a strong case.
MiaLegal specializes in WSIB claims and appeals. Led by Mia Liu, a licensed paralegal in Ontario, our firm is dedicated to helping injured workers fight for the benefits they deserve. Book a free 30-minute consultation or call us at 289-968-9599 to discuss your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact MiaLegal for assistance with your specific situation.