Greanya Legal Services
Workplace Injury Claims
Workplace Injury Claims
Workplace Safety and Insurance Board & Workplace Safety and Insurance Appeals Tribunal
Greanya Legal Services will provide advice and advocacy/representation in relation to a workplace injury in Ontario. Workplace injuries in Ontario are covered by a comprehensive public insurance plan which is administered by the Workplace Safety and Insurance Board of Ontario (WSIB). GLS will help with a WSIB claim, or appeals to the Workplace Safety and Insurance Appeals Tribunal of Ontario (WSIAT). GLS will also represent employers in relation to WSIB/WSIAT matters.
For advice related to your workplace injury, please contact us.
Greanya Legal Services is pleased to work in association with K.G. Wilkes and Associates in relation to Workplace Safety and Insurance Board (WSIB) and Workplace Safety and Insurance Appeals Tribunal (WSIAT) Matters. KG Wilkes and Associates are experienced workplace safety and compensation consultants, including Accredited COR auditors. For further information on KG Wilkes and Associates, visit www.kgwilkesandassociates.com.
For a workers compensation claim to be successful, the injury must have occurred in the course of employment, and must arise out of the employment. While this may seem self-explanatory, sometimes the relation of an injurly or condition to employment is not clear. Many workplace injuries are minor, and require first aid or other short term treatments but do not create a permanent impairment. Injuries where the employee does not receive treatment from a medical practitioner, or receives first aid and modified work at regular pay for seven days or less, or does not require first aid but does modified work at regular pay for seven days or less, do not need to be reported to the Board. All other injuries must be reported.
Employees often try to work through and ignore an injury, and do not report injuries when then happen until it stops them from working entirely. This is always the wrong approach. Failure to report an injury can lead to the denial of benefits later, and a more serious injury can often be prevented by early reporting and treatment or modified work. It is very important that employees are proactive in reporting injuries, and working out treatment and modified work with their employer. Failure to cooperation in reporting an injury or in attaining modified work may lead to denial of benefits.
An employer is obligated to report a workplace injury to the board within three days of incident, and to provide a full report on the incident within seven days of incident. An employer also has the duty to cooperate with the employee and the Board in resolving claims and administering the insurance scheme. An employer must also provide periodic and regular updates on the employee’s condition, and on what attempts at accommodation are being made. An employer has the duty to make reasonable attempts to find suitable alternative work for an injured worker that is consistent with the workers functional ability, and to cooperate with treatment.
An employee has six months from the date of the injury to make a claim, unless the Board extends this time. An employee also has numberous duties under the WSIB, including the duty to cooperate with the Board and the employer in terms of recovery and treatment, including the resolution of claims and administration of the insurance scheme.
There are a number of benefits that can be accessed by a WSIB/WSIAT claimant, including but not limited to:
Medical treatment from a health care practitioner;
Modified work duties, alternative work;
Loss of Earnings Benefit (LOE);
Loss of Retirement Income Benefit (LRI);
Net Economic Loss Benefit (NEL);
Labour Market Re-Entry Plans (LMR).