Have you been denied compensation for a work-related injury or illness through the WSIB (Workplace Safety and Insurance Board)? If so, it is important not to panic: you still have options. In fact, if you feel that you were wrongfully denied compensation, you have the right to appeal this decision. It is important to realize, however, that the appeals process can be rather complex, and it does require some due diligence on your behalf to make sure you get the benefits you deserve.
Here are three primary tips to keep in mind when appealing a work injury claim rejection.
While you have every right to appeal the initial decision regarding your work injury claim, the WSIB has very strict deadlines. If the decision is related to your work transition or your return to work, you only have 30 days to make an appeal. Other types of decisions provide a 6-month timeframe within which you can appeal. This may seem like a long time, but if you miss this deadline, it will be extremely difficult – if not impossible – to file your appeal.
Gather All Your Information
If you have not already done so, now is the time to gather all your paperwork pertaining to your work injury. This includes notices from the WSIB, doctor’s reports, medical bills, notices from your employer, and all other types of relevant documents. If your rejection had to do with your return to work or your work transition, it is important to obtain a medical note denying your ability to work, and then present it to your employer. This will prevent your employer from trying to force you back to work before you are medically able or until a final work injury claim decision has been made.
Hire an Experienced Attorney
You may be tempted to go through the appeal process on your own, but this is an unwise decision. Once an appeal is made, your case will work its way through the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Although in some cases you can appeal the final decision of the WSIAT, it is very rare to have these decisions overturned. This makes it very important that you handle your appeal right from day one. One of the experienced WSIB law firms in Toronto such as the Goodman Law Group can help prepare the proper documentation to the tribunal and improve your chances of obtaining a positive final ruling and emerging victorious from the difficult process.
Experienced law firms typically employ lawyers and paralegals who have direct experience working with the WSIB to maximize your chances of successfully appealing. Truly, the key to a successful appeal lies in knowing the complex ins and outs of the bureaucracy of the system. In certain cases, being on the side of justice is not enough, a familiarity with “the system” is necessary as well. If your work injury claim has been rejection, don’t delay. Instead, meet with one of the reputable WSIB lawyers in Toronto. Working with an experienced WSIB lawyer in Toronto can improve your chances of obtaining all the compensation you deserve.