The Workplace Safety and Insurance Act sets clear time limits for handling workers’ compensation claims, and it’s important to meet these. If a time limitation is missed, a worker might lose the right to appeal a decision or to collect benefits. Meeting these time limits helps ensure that you can get the support and compensation you are entitled to. There are time limits for filing claims and appealing decisions.
Filing a Claim
If you get injured at work, you must file a claim with the Workplace Safety and Insurance Board (WSIB) within 6 months of the injury. Even if you don’t think the injury is serious at the time, it’s important to file a claim—problems could develop later, even months or years down the road. If you don’t file within this time frame, you could lose the right to any future benefits. To file a claim, you’ll need to complete a Form 6, which you can get from your employer or directly from the WSIB.
Labour Market Re-entry Plans
If the WSIB proposes a Labour Market Re-entry Plan (Return to Work), and you don’t agree with it, you have 30 days to appeal. This could be if you believe the proposed program or job may be too physically demanding or if the wage doesn’t align with what you were earning before the injury. It is important to appeal these within the 30 days, because you may not be sure that you will succeed in the retraining or the modified work. If upon attempting the Labour Market Re-entry Plan you have problems, report your issues to your doctor and the WSIB.
You’ll need to submit your appeal in writing within 30 days of receiving the WSIB’s decision letter.
Appealing Other WSIB Decisions
If you need to appeal other decisions from the WSIB—such as issues related to initial entitlement, recurrences, loss of earnings benefits, non-cooperation, maximum medical recovery and non-economic loss benefits —you have 6 months to do so. The WSIB will send you a decision letter that will include the specific time limit and appeal procedures. If you plan to appeal, it must be done in writing within 6 months of the decision letter’s date.
You can do so by submitting an “Intent to Object” form on your claim file, within 6 months from the date of the decision letter. You can obtain this form from the WSIB website, or by contacting their office directly. Once you have the form, fill it out with your personal details, the decision you’re objecting to, and you may submit a brief explanation of why you disagree with it. After completing the form, submit it to WSIB by mail, fax, or online. Be sure to keep a copy for your records. Submitting the form within the 6-month timeframe is essential to ensure your right to object is preserved, and the WSIB will then inform you of the next steps in the process.
Appeals of decisions made by an Appeals Resolution Officer also have a 6-month limit. If you still don’t agree with that decision, you can appeal it to the Workplace Safety and Insurance Tribunal. You must complete a “Notice of Appeal” form and attach a copy of the Appeals Resolution Officer’s decision letter with it. You can obtain this form from the WSIAT website, or by contacting their office directly.
What if You’re Not Ready to Appeal Right Away?
If you get the WSIB’s decision and you don’t agree with it but need more time to decide or gather information, you can still preserve your right to appeal. When you receive the decision letter, make sure to inform the WSIB in writing that you want to appeal by completing the “Intent to Object” form —this has to be done within the time limit given in the letter. Once you do this, the WSIB will acknowledge your intent to appeal and send you your file along with an Appeals Readiness Form. This acknowledges that your time limits have been met.
If you’re not ready to proceed immediately, you can submit a letter explaining that you’re still waiting on more information but want to continue with the appeal. This ensures you don’t lose your right to appeal down the road. At this point, it might also be a good idea to consider hiring a professional who can help with the appeal process, as navigating the WSIB system can be complex.
What Happens if You Miss a Time Limit?
In exceptional circumstances, such as serious illness or a death in the family, the WSIB may extend the time limit. Keep in mind, though, that it’s not easy to get an extension, so you should seek professional advice to ensure you meet the deadlines and present the best possible case for your appeal.
Bottom Line: Meet the time limits and keep track of deadlines to avoid losing out on benefits or the right to appeal. If you’re unsure about anything, it’s always a good idea to seek professional help. Contact our office by email or telephone to set up an initial consultation.