What Is WSIB?
Ontario’s Workplace Safety and Insurance Board (WSIB) handles workplace insurance claims for covered employers and workers and provides no-fault insurance benefits for eligible work-related injuries and illnesses. Depending on the circumstances, benefits may cover lost earnings, health care and rehabilitation, permanent impairments, return to work, and work-related fatalities. Disagreements can arise over whether an injury is work-related, the benefits a worker should receive, or their ability to return to work.
Who Is Covered by WSIB?
WSIB coverage applies to Ontario workers in many industries, including construction, skilled trades, manufacturing, healthcare, transportation, municipal services, retail, and hospitality. However, not every worker, employer, or employment arrangement is covered. Eligibility depends on the workplace, industry, employment relationship, and circumstances of the injury.
If you’re uncertain if WSIB applies to you, we can review your circumstances and help you understand your options.
Common Workplace Injuries We Help With
Whether it happens suddenly in an accident or gradually over time through repeated physical demands or exposure to workplace conditions, Van Dyke Law can assist you with a wide range of injuries and illnesses, including:
- Back and neck injuries
- Repetitive strain injuries
- Fractures
- Traumatic brain injuries
- Spinal cord injuries
- Occupational illnesses
- Hearing loss
- Chronic pain
- Psychological injuries
- Traumatic mental stress
- Fatal workplace accidents
Types of WSIB Benefits
Depending on the nature and severity of your injury, WSIB benefits may include:
- Loss of Earnings (LOE) Benefits may replace a portion of employment income lost because of an eligible workplace injury or illness.
- Health Care Benefits may cover approved treatment, rehabilitation, and other health care expenses related to the workplace injury.
- Non-Economic Loss (NEL) Awards may provide compensation when a workplace injury or illness results in a permanent impairment.
- Return-to-Work Support can help eligible workers return to safe and suitable employment after an injury.
- Survivor Benefits may provide financial support to eligible family members following a work-related death.
WSIB claims may also involve chronic pain, mental stress, work reintegration, and other considerations.
Common Reasons WSIB Claims Are Denied
Receiving a WSIB denial can be frustrating. Common reasons for disputes or denials include:
- Insufficient or conflicting medical evidence
- Disagreement about whether an injury or illness is work-related
- Reporting or filing issues
- Pre-existing medical conditions
- Disagreement about the severity or ongoing effects of an injury
- Return-to-work disputes
- Employer objections or conflicting accounts of what happened
Appealing a WSIB Decision
If you disagree with a WSIB decision about your claim or benefits, you may be able to challenge it. Van Dyke Law can review the decision, gather supporting evidence, prepare legal arguments, and represent you during the appeal process. Because appeal deadlines may apply, seek advice early.
Can You Sue Instead of Filing a WSIB Claim?
Workers covered under WSIB generally cannot sue their covered employer for an injury arising from their employment. However, if a third party contributed to your accident, you may have the option to pursue a civil personal injury claim. In some cases, you will need to choose between receiving WSIB benefits or pursuing a lawsuit. Before deciding, contact Van Dyke Law to discuss the options available in your circumstances.
What To Do After a Workplace Injury
Taking a few practical steps after an accident can help properly document your injury and protect your ability to pursue available benefits.
- Report the injury: Tell your employer about your workplace injury or illness as soon as possible.
- Seek medical treatment: Obtain appropriate medical care and explain that your injury occurred at work.
- Document the workplace connection: Record the circumstances of your injury accurately.
- Keep your records: Save medical documentation, accident information, WSIB correspondence, and records of missed work.
- Complete the WSIB claims process: Submit required information promptly and retain copies. This may include WSIB Forms 6, 7, and 8.
- Seek legal advice when problems arise: Contact Van Dyke Law if WSIB denies, reduces, terminates, or disputes your claim or benefits.