Hence, you need to hire a skilled and experienced work injury lawyer. A professional lawyer gives them intense competition while negotiating without needing you to do anything. Having enough experience to handle these matters, the lawyers give you a break to make up your peace for a while.
Full Answer
You have the right to consult with a WSIB lawyer after a workplace injury or illness in Ontario. While you are not obligated to hire a lawyer, doing so increases your chances of fair treatment, timely processing of your claim and just compensation for your injury and future losses.
Why You Need a WSIB Lawyer. The WSIB (Worker Safety Information Board) has stringent time limits that must be adhered to. If you fail to meet your obligations in a timely fashion, the chance of a claim denial escalates dramatically. Compound these time limits with multiple and confusing forms that must be completed and filed and the process becomes a logistic nightmare.
Apr 29, 2020 · Types of workplace injuries. The WSIB deals with hundreds of different injuries from workers across Ontario. These are categorized as one of five types of workplace injuries: ... you need to inform the WSIB. Use Form 6 to file a WSIB claim directly, or get in touch with a workplace injury lawyer. Did you know you have options to choose a health ...
Feb 14, 2017 · As an injured worker, you can expect a lot of pressure, even bullying from the WSIB to return to work. And when you do, your employer may dutifully “accommodate” you with modified duties that might be demeaning and sometimes expose you to a risk for re-injury. The directive to return back to work should rightfully belong to your physician.
The WSIB (Worker Safety Information Board) has stringent time limits that must be adhered to. If you fail to meet your obligations in a timely fashion, the chance of a claim denial escalates dramatically. Compound these time limits with multiple and confusing forms that must be completed and filed and the process becomes a logistic nightmare.
The first step is for your WSIB Lawyer to determine if you are eligible for WSIB benefits. Eligibility is determined first if your case falls under Schedule 1 covering nine industry groupings or Schedule 2 which is applicable to self-insured claimants.
Retaining your WSIB Lawyer immediately after suffering a work-related injury is crucial. WSIB time limits begin the day of your injury and that time is limited. The decision to proceed within the WSIB system or to sue can have a significant impact of your settlement.
If your claim proceeds within the WSIB system, your WSIB Lawyer will use his/her specialized expertise to ensure you have access to all your available benefits which include: loss of earnings, non-economic loss, loss of retirement income, future economic loss, health care benefits, personal care allowance, home care, vehicle modification and home modification..
A workplace injury can vary from something relatively minor, such as a small cut or bruise, to a fatal accident. According to the WSIB, the most common causes of workplace injuries are: 1 Injuries due to overexertion 2 Slip and fall accidents due to debris or wet floors 3 Falls from heights due to faulty equipment 4 Injuries caused by falling objects and collisions with objects 5 Getting entangled in a machine 6 Repetitive motion injuries 7 Hearing loss due to noisy environments 8 Workplace violence
An employee must file a claim within six months from the date of injury. If you have been injured or have discovered an illness, inform your employer right away and seek medical attention. Tell your employer about the extent of your injuries, as well as about any treatment you have received.
These are categorized as one of five types of workplace injuries: Accidents – These are injuries that occur due to one incident, such as a slip and fall accident or a back injury caused by lifting a heavy object. Disablement – Injuries that develop over a prolonged period of time.
The question as to whether or not a worker may sue the employer for a workplace injury depends on the industry in which the worker is employed. Schedule 1 – If you are a Schedule 1 employee (industries such as construction, mining and manufacturing), you cannot sue you employer. Instead, you must pursue a WSIB claim.
It stands for Workplace Safety and Insurance Board, also known as Workers’ Comp. This is an agency of the Ontario Government. The WSIB provides “no fault” compensation for employees who get injured at work. Supposedly, this is quick and easy access to income protection for those employees who require time off to recover.
As an injured worker, you can expect a lot of pressure, even bullying from the WSIB to return to work. And when you do, your employer may dutifully “ accommodate ” you with modified duties that might be demeaning and sometimes expose you to a risk for re-injury. The directive to return back to work should rightfully belong to your physician.
If you are one such employee, it will be helpful for you to know this: While your employer may be impervious to litigation, the WSIB is not. Lecker & Associates does not provide WSIB Claim services.
You must file your claim within six months of the date of injury or six months after being diagnosed with a work-related illness. You can only receive income replacement for up to two weeks after your injury without a completed Form 6. When you sign and complete your Form 6 you are also authorizing any health professional who treats you to provide information about your functional abilities to the WSIB and your employer.
You must indicate in writing your intent to appeal within 30 days for return-to-work, work transition and re-employment decisions and six months for all other decisions.
If your work-related injury or illness causes a permanent impairment, you may be compensated for the physical, functional or psychological loss. Your compensation amount will be based on your level of impairment, and age. You may be required to be examined by a WSIB-approved health care provider to determine level of impairment.
Under the Freedom of Information and Protection of Privacy Act (FIPPA), you have the right to your personal information collected by the WSIB. Select a representative – You may choose to have someone represent you during your claim. This may include an informal representative or an authorized representative.
Your main contact for your claim is your Eligibility Adjudicator or Case Manager. If you are unsure who to contact, you can call us at 1-800-387-0750, Monday to Friday (7:30 a.m. to 5:00 p.m.), and speak to a Customer Service Representative who will be familiar with your claim. When possible, please have your claim number available to help us serve you better.
The Fair Practices Commission is the organizational ombudsman for the WSIB. The commission provides an independent, neutral and confidential service for injured workers, employers and service providers who have concerns about the fairness of the service, or treatment, they receive from the WSIB.
A health care provider cannot require you to pay for any services because of your work-related injury or illness. Even if your claim is not for a psychological condition, we may pay for psychological treatment to support your recovery and return to work. If your claim has not been approved, you may need to pay for health care ...
You have to tell us about any significant changes within 10 days of the change happening. If you’re not sure whether a change is significant, get in touch with us.
You can ensure you receive your WSIB benefit payments as quickly and efficiently as possible by using our direct deposit services. By switching to direct deposit you will receive your regular payments directly through your financial institution instead of through the mail. Learn more about our direct deposit services.
We often pay for expenses related to your claim. For more information on our benefit and expense rates, see Policy 18-01-05, Table of Rates.
If you are receiving a benefit at the time of your death, your benefits will not be transferred to your estate. Your estate should contact us to provide a death certificate as soon as possible.
For the best possible outcome in your workers’ compensation case, you should hire an experienced attorney that has a proven record of success in various types of workplace injury claims.
They work for the employer’s insurance company. The adjuster’s job is to pay you the least amount of benefits and that is in the best interest of his or her employer. This is not to say that all employers or their insurance companies, are out to intentionally deceive people.
At the time of an accident or injury a worker may be embarrassed, dazed or disoriented. They may not be thinking as clearly as they normally would, even if they have no outward appearance of injuries.
A good method to accomplish this is to purchase a separate calendar to keep track of your doctor’s visits and symptoms. It can be a wall or pocket calendar, or something as simple as a printout from your computer. Finally, make sure to keep copies of everything, including all costs associated with the injury.
This is the greatest mistake an injured worker can make. As stated above, it is extremely tempting to do things for one’s self, especially when living alone. However, it is the one time when you do venture down the driveway to get that heavy package out of the mailbox or carry in that bag of groceries when you are caught in the act by a zealous insurance adjuster who has sent out a private investigator for the sole purpose of discrediting the inju red worker.
Another way your claim can be diminished or denied is by not following your doctor’s treatment plan or advice. If your doctor orders follow-up tests or physical therapy, it is extremely important that you follow up on everything, even if you are feeling better.
You do not have to give a recorded statement or sign a medical authorization. Much like a criminal case, anything you say can and will be used against you. My clients are often shocked when they find out they were never required to give a recorded statement. The adjuster may tell you they can’t proceed with your claim until you sign certain paperwork.