WORKER'S COMPENSATION

If you are injured at work, you may have to submit a claim to the Workplace Safety Insurance Board (WSIB). The WSIB is funded by employers. Not everyone who is an employee has coverage through WSIB. Some employers are mandated to have WSIB coverage (for example farming, construction, manufacturing), for others such coverage is optional. If you are hurt at work or off the work site but you think you might have been engaged in work duties at the time of your injury, you should immediately report the injury to a supervisor at work and determine if you have WSIB coverage offered to you. Keep in mind that some employers do not offer WSIB even though they should. In these case you might still receive WSIB benefits and your employer may face harsh penalties from the Board.

The process usually starts with the employer reporting your injury to WSIB. Understand that an approved WSIB claim will likely increase the amount of premium the employer has to pay to WSIB. Unfortunately this means that some employers may be uncooperative in the process.

There is a six month deadline from the date of the injury to file a claim with WSIB.

If a claim is denied, you have a right to appeal. Depending on the type of claim being denied, you may have as little as 30 days or as long as six months to appeal.

WSIB offers a number of different benefits. Loss of Earnings benefits will ensure that you receive approximately 85% of your pre-injury net pay. Physiotherapy, prescriptions and other types of treatment that are supposed to assist with recovery are also paid. If you are unable to return to your pre-injury job, Labour Market Re-entry services are offered with a goal of returning you to alternative types of employment. If you suffer a permanent impairment you may also be eligible to receive a Non-Economic Loss benefit. Depending on the size of the award, this could be paid in a lump sum or by way of smaller monthly payments.

There are situations where you may be able to choose to claim between WSIB or some other benefit scheme. Usually you are unable to sue your employer if they have coverage through WSIB and you are hurt while engaged in your usual employment activities. There are circumstances, though, where you will have a choice to receive WSIB or some other form of compensation. Take, for example, a delivery driver who has WSIB coverage and is in the course of his employment. Assume he is rear-ended by a taxi driver without WSIB coverage. The delivery driver must choose between claiming WSIB benefits or claiming statutory accident benefits and suing the taxi cab driver. It is important to get advice from an experienced personal injury lawyer in order to properly weigh the advantages and disadvantages of each selection. The election must usually be made within three months of the date of loss, so be sure to consult with a lawyer at the earliest opportunity.

The Law Office of Lawrence H. Calenti, Professional Corporation, does not handle WSIB claims at either the adjudication or appeals branch levels. We will handle claims that are heard at the Workplace Safety Insurance Tribunal (W.S.I.A.T.) which address the issue of whether or not an employee is precluded from suing another party in tort because he or she was arguably in the course of employment at the time of the injury.