WSIB Appeals Deadlines and Your Responsibilities
What are the WSIB Appeals Deadlines, and what are your Responsibilities?
Too often, the Local Union’s Workers’ Compensation representatives find that Members have not appealed their decision letters within the time limits.
What does that mean?
By missing the time limits, injured workers lose their ability to appeal the issues of their denied injury or
Reporting Accidents and Illnesses
When it comes to time limits and responsibilities, the Workplace Safety & Insurance Act (WSIA) breaks
it down into what’s required of the Employer and what’s required of the Worker.
Under Section 21(1) of the WSIA: An employer shall notify the Board within three days after learning of an accident to a worker. The employer must submit a Form 7 with the pertinent information.
A worker must report injuries or illness the moment they become aware of the issue. That means, either at the time of the accident, or upon diagnosis. Be sure to tell your doctor that your injury or illness is related to work. The worker submits a Form 6, Worker’s Report of Injury/Disease.
But, to be eligible for benefits, under Section 21(1):
A worker shall file a claim as soon as possible after the accident that gives rise to the claim, but in no case shall they file a claim more than six months after the accident, or, in the case of an occupational disease, after the worker learns that they suffer from the disease.
Another deadline for injured workers deals with the Return to Work (RTW) process and Work Transition (WT) programs.
To appeal an RTW or WT decision, you must file an Intent to Object form within 30 days of the decision date. Even if you’re not sure, it’s best to fill out and submit this form. There is no obligation to object once you file the form, but if you don’t file it, you might miss your chance.
Meeting all deadlines is crucial to making any future appeals to your WSIB benefits.
Communicating with your Workers’ Comp Representative
It is your responsibility to inform your Workers’ Comp Rep of any changes to your appeal. The WSIB
may recognize the Union as your representative, but it does not mean your Workers Comp Rep receives,
or is aware of, all decisions made regarding your claim.
Don’t assume your Rep gets the same info that you do. After you receive any correspondence regarding
your appeal, contact your Workers’ Comp Rep to keep them up to date. The Workers’ Compensation Department is not responsible for missed time limits and deadlines in situations where the worker did not inform the department of a decision letter prior to that deadline.
Injured workers must be vigilant about deadlines. Read all of your letters from the WSIB carefully. Union members should contact the Workers Comp department immediately when you receive any decisions about your claim.
This article appeared in the Spring 2019 issue of Checkout magazine.
Read more articles on workplace injuries, WSIB, and more or visit our Workers’ Compensation section to learn more about the process of filing and appealing claims for workplace injuries and illnesses.