Worker’s Compensation/ Workplace Safety and Insurance Law
Certain employers are required to participate in the worker’s compensation insurance system which is managed by the Workplace Safety and Insurance Board (the “WSIB”). The scheme is ‘no fault’ meaning that if an employee sustains a work-related injury or illness, the employee does not need to establish that the employer was negligent in order to be eligible for benefits.
Employees may be entitled to a variety of benefits relating to a workplace injury or occupational illness, including loss of earnings and payment for medical expenses or equipment.
If an employee is injured or suffers an occupational illness, the employer is legally required to complete a report of injury or illness, as well as co-operate with the WSIB’s investigation of the claim. Further, the employer may have certain reinstatement obligations in connection with an employee who has taken a WSIB leave.
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Why appeal a WSIB decision?
A claim for benefits can be very costly to an employer and will generally impact the organization’s accident rating. If you disagree with a WSIB decision in connection with worker benefits, you should seek legal advice on a timely basis as there are generally strict time limits for appeal. Our lawyers will review and advise on the merits of an appeal and devise an appeal strategy that best suits your organization’s priorities. Contact the workers’ compensation experts at JPAK Employment Lawyers at 416.583.1920 or info@jpakemploymentlaw.com.
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