The maximum contingency fee is 30%. If you are considering entering into a contingency fee retainer agreement, we encourage you to read this guide published by the Law Society of Ontario.
https://lawsocietyontario.azureedge.net/media/lso/media/about/initiatives/en_contingencyfee_consumerguide-april2021.pdf
Please contact us for other fee options for workers and employers.

The WSIB began in 1914 and workers lost their right to sue employers for workplace injuries and diseases in exchange for a no-fault insurance plan. The WSIB is funded by employer premiums and does not receive money from workers or the provincial government.

The WSIB is responsible for administering the Workplace Safety and Insurance Act. The purpose of the Act is to promote health and safety in workplaces, help with the return to work and recovery of injured workers, provide retraining programs if necessary, and to provide compensation and other benefits to injured workers.  

The WSIB website is WSIB.ca. The WSIB decision makers use operational policy documents when making decisions. The operational policy documents are found on the WSIB website. There are approximately 300 operational policy documents.  

The head office of WSIB is in Toronto and there are regional offices in Hamilton, Kitchener, London, Windsor, Ottawa, Sudbury, and Thunder Bay. There are also area offices in St. Catharines, Sault Ste. Marie, and North Bay. 

It is possible for WSIB staff in any of the offices to be assigned to make a decision in your claim. It is possible that WSIB staff in different offices to be responsible for different parts of your claim. The WSIB is responsible for administering the Workplace Safety and Insurance Act. The purpose of the Act is to promote health and safety in workplaces, help with the return to work and recovery of injured workers, provide retraining programs if necessary, and to provide compensation and other benefits to injured workers.   

Some of the roles of staff at WSIB an injured worker may encounter include:

• Customer service representative
• Eligibility adjudicator
• Short term case manager
• Long term case manager
• Nurse Consultant
• Return to work specialist
• Specialty team case manager
• Manager
• Appeals coordinator
• Appeals resolution officer

It can be confusing for injured workers to know who they should talk to about their claim because different staff are involved at different times making decisions and they can be in different offices.

• Health care benefits including payment for medication, travel to medical appointments, physiotherapy, chiropractic, and psychologists, and quicker access to specialists and surgery.
• Loss of earnings benefits (LOE) calculated at 85% of a worker’s net average earnings, subject to maximums and minimums. Depending on the employment pattern of the worker, there may be short-term and long-term loss of earnings rates. Loss of earnings benefits may be paid up to the age of 65 or a maximum of two years if a worker was 63 or older at the time of the accident. There are many rules regarding the calculation of LOE. Full LOE is paid when a worker cannot work or is in a retraining program. Partial LOE may be paid to a worker if he or she is unable to earn the same income as before the accident.
• Non-economic loss benefit (NEL) is a lump sum payment for a permanent impairment. It is calculated based on the age of the worker and the percentage of permanent impairment.
• Return to work plans (retraining) are offered to some workers. Tuition and books are paid for and plans may include college programs.
• Survivors benefits for the dependent survivors of workers who have died because of a work injury or disease.
• Loss of retirement income benefits are payable at age 65. The WSIB sets aside an amount equal to 5% of LOE benefits after one year of LOE. Workers are asked whether they want to contribute an additional 5%.
• Permanent disability pensions and supplements for claims with accident dates before 1990.
• Future economic loss (FEL) benefits for claims with accident dates between 1990-1997.

The Appeals Services Division Practice and Procedures document is 70 pages and can be found on the WSIB website. 

https://www.wsib.ca/sites/default/files/2019-03/appeals_practiceandprocedures_2018.pdf

Any time an injured worker is denied a benefit or service from WSIB, the decision maker is required to send the decision in writing. The decision will have a date for objecting to the decision, which will usually be 6 months from the date of the letter, although the date for objecting to the decision is 30 days for return to work issues. 

Injured workers or their representative must complete an Intent To Object Form within the time given for the appeal. The form is on the WSIB website. It can be completed on line and uploaded or printed and mailed or faxed to WSIB. If the appeal time limit is missed, there can be an appeal regarding the time limit issue but it is best not to miss any appeal time limits.

Once the WSIB decision maker receives the Intent to Object Form, the decision maker will send the injured worker a complete copy of the WSIB claim file and an Appeals Readiness Form. The majority of WSIB appeals are written submissions without an in-person hearing. The Appeals Readiness Form is completed along with a written submission or a request for an oral hearing.

WSIB appeals decisions are made by WSIB staff called appeals resolution officers. The appeals resolution officer decision is the final decision of WSIB. If the decision denies all or part of a worker’s claim, the worker may appeal to the Workplace Safety and Insurance Board.

The mandate of the WSIAT is to hear and decide appeals from final decisions of WSIB. The WSIAT is an adjudicative agency within the Ontario administrative justice system. The WSIAT is independent of WSIB. 

The WSIAT website is WSIAT.on.ca.

The WSIAT head office is in Toronto although hearings are heard in regional centers throughout the province.

The majority of WSIAT decisions are heard in person in an oral hearing. The decision maker is a Vice-Chair. Hearings either have one Vice-Chair or a panel of three.

The WSIAT website has practice directions. 

Once an injured worker receives a decision from an Appeals Resolution Officer denying a benefit, the injured worker must complete a Notice Of Appeal form within 6 months of the final decision from WSIB. The Notice Of Appeal form is on the WSIAT website. If the time limit is not met a case may be made for a time limit extension but it is best not to miss any time limits.

Throughout the appeal process there are Readiness Forms, Confirmation of Appeal Forms, and the Hearing Ready Letter. In most cases the appeal is then sent to schedule an oral hearing. 

All WSIAT decisions are published on the WSIAT website and www.Canlii.org. Previous WSIAT decisions are in some cases persuasive in subsequent decisions. It is important for a representative to research previous WSIAT decisions prior to a WSIAT hearing.

The WSIAT has dispute resolution methods that may provide benefits to workers without a hearing. The WSIB does not participate in the WSIAT decision. The WSIAT is independent of the WSIB. The WSIAT decisions are the final decision and they are not appealable except in rare circumstances.