This is not helped by the fact that WSIB has a number of different areas that make decisions about different aspects of your claim at different times and will then telephone you and write to you about all of them!
Perhaps the most important thing to remember when you are in this position is to act quickly once you receive a decision letter of any kind from WSIB. While most decisions issued by WSIB have a 6 month time period during which an objection can be filed, some decisions, such as those related to return to work issues, must be objected to within 30 days!
The First Step
The first step in contesting a WSIB decision about your claim is to file an Intent to Object Form. This registers your objection and protects your rights in relation to that decision. You can fill this document out yourself (see our instructional video here for help in completing it), or if you retain us to assist you with your claim, we can complete the form for you.
Once your objection is filed, the decision maker who made the original decision will typically review it and issue what is called a “Reconsideration Decision”. In the vast majority of cases, this does not result in any change to the original decision.
Don’t worry! That is not your appeal. Instead, the appeal process is just starting! It is at this stage of the process that most of our clients come to us. Once the Intent to Object Form has been filed within the allowed time, we can then work with you to review your file, gather additional information from your doctors and treating health professionals and prepare your claim for appeal.
The Next Stage
The next stage of the appeal of your WSIB decision is to have the matter considered by an Appeals Resolution Officer (ARO) of the WSIB. These individuals review your appeal and issue a decision on the issue being objected to. That can take place after an oral hearing where you might give evidence or on the basis of an appeal in writing only, where the ARO reviews any written legal submissions we file on your behalf. If an oral hearing is required, you will most likely have to give evidence at that hearing. Don’t worry – we will prepare you for that process.
If the ARO issues a decision that we still disagree with, either fully or in part, there is a further appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). This body is completely independent of WSIB and is established by law as the final appeals body for workplace injury and illness related decisions. In almost all cases this appeal is conducted through an oral hearing.
Appeals to WSIAT can be complex, legally technical and can take a long time, although WSIAT has recently changed its procedures to move appeals forward more quickly. Rest assured that we will be with you through every step of the WSIAT appeal process and you can rely on our extensive experience in arguing cases before WSIAT to put your appeal forward in the best and most effective manner possible.