Have you been given the run around? Do you have more questions than answers? Take a moment to review the questions our clients typically ask and take strength in our ability to get the job done...for you!
Select from the list to take you directly to your question:
- When do I File a Claim for Benefits with the WSIB?
- How do I File a Claim for Benefits with the WSIB?
- What happens if I miss my time limit to make a claim or file an appeal?
- What are my reporting obligations?
- What if I don't have a doctor?
- What happens if I get denied WSIB benefits?
- Who will pay me if WSIB denies my claim?
- How do I appeal a WSIB claim?
- Do I need a representative?
- Who pays your fees?
- What is Early and Safe Return to Work (ESRTW)?
- Do I have to participate in modified work if the employer offers it?
- What happens if my employer cannot accommodate my restrictions?
- How much will WSIB pay me?
- If I go back to work will I harm my claim?
- How can I get re-trained?
- What if I don't like the course they chose for me?
- Do I have to accept their re-training program? What happens if I don't?
- What is a Non-economic Loss, and how do I get one?
- What is a Future Economic Loss (FEL), and how do I get one?
- What is Loss of Earnings (LOE), and how do I get one?
- My loved one has died, what do I do next?
- My question hasn't been answered.
Q: When do I File a Claim for Benefits with the WSIB?
As a worker, you can claim benefits for a work-related accident or illness if you have:
- received health care, and/or
- lost time or wages from work beyond the day of accident/illness, or
- continued to work but on partial hours only.
If you had to do different work due to the accident/ illness for more than seven days and did not see a health professional, you can also make a claim.
Q: How do I File a Claim for Benefits with the WSIB?
You must fill out a Worker's Report of Injury/Disease often called the Form 6, this is a WSIB form that the worker completes and sends to the WSIB after a work-related injury or illness. It is a way for you to tell the WSIB the details of what happened to cause the injury or illness. It also provides WSIB with information they need to make decisions about your claim. This form is different from the one you may have filled out at work for your employer. When you complete and submit the Form 6, it tells WSIB that you are claiming for benefits for a work-related accident. There is a time limit for you to report. It is important to claim benefits as soon as possible. This process may seem overwhelming; call WorkAid & Associates to make things simple.
Q: What happens if I miss my time limit to make a claim or file an appeal?
There is a 6-month time limit for you to report your claim or to file an appeal. It is important to claim benefits as soon as possible. This stands true for your appeal as well. However, if this time limit is missed, there are still opportunities to claim. It is best to contact our office if this has happened and we will do the rest.
Top Of PageQ: What are my reporting obligations?
There is a time limit for you to report a claim. It is important to claim benefits as soon as possible. An injured worker generally has six months from the date of injury or the date they become aware of an illness/disease.
Q: What if I don't have a doctor?
It is your obligation to be sure that you have the proper medical attention and documentation to assure your claim can be managed appropriately. If you do not have a permanent family doctor you should see a walk-in-clinic.
Q: What happens if I get denied WSIB benefits?
If the WSIB makes a decision you do not agree with, your first step should be to discuss the issue with an advocate. By communicating constructively WorkAid & Associates can often resolve a dispute early, without going through the substantial time and effort of a formal appeal.
Q: Who will pay me if WSIB denies my claim?
If your claim is denied you may face financial hardship. There are other agencies that may be able to help. By contacting WorkAid & Associates we can help you get through this process.
Q: How do I appeal a WSIB claim?
All appeals must be done in writing. It is important that you get proper advice early on in the appeal process. WorkAid & Associates can help with proper submissions and possibly prevent long complicated appeal processes.
Top Of PageQ: Do I need a representative?
Having a representative is a wise choice. Appeal processes can be very confusing. It is a good idea to speak to someone that knows the process. WorkAid & Associates Inc. We can help.
Q: Who pays your fees?
WorkAid & Associates is a privately owned Paralegal service. This gives us the ability to work with you to develop a payment plan that is customized to you..
Q: What is Early and Safe Return to Work (ESRTW)?
You, your employer and the WSIB all have certain roles, responsibilities, and obligations that support early and safe return to work. The WSIB and the employer want to get you back to work as soon as possible. It is up to you and your health care provider to be sure the work is safe for you. If you are feeling pressured call WorkAid & Associates we can help.
Q: Do I have to participate in modified work if the employer offers it?
It is important to co-operate with the WSIB and the Employer in a return to work offer, however if the work has not been cleared by your doctor and you feel you are being forced back to work it would be a good idea to call WorkAid & Associates, we can help with work mediations.
Q: What happens if my employer cannot accommodate my restrictions?
Ideally the best outcome for you and your employer would be if you could return to your pre-injury workplace. However if this is not possible WSIB will assess whether you should qualify for a Labour Market Re-entry. This is a process that includes an assessment of your abilities, and may include a plan that will help prepare you to get back into the workforce.
Top Of PageQ: How much will WSIB pay me?
If you miss time from work because of a work-related injury or illness, WSIB pays for loss of earnings. This benefit starts from the working day after the injury or illness occurred. Calculation of your benefit depends on the date your injury occurred. For example;
| Date of injury | Rate | Based on |
|---|---|---|
| On or after January 1, 1998 | 85 % | Take home pay |
| April 2, 1985 to December 31, 1997 | 90 % | Take home pay |
| Before April 1, 1985 | 75 % | Pay before deductions |
Q: If I go back to work will I harm my claim?
No, but keep in mind you should only return to work once you have been cleared by your doctor to do so.
Q: How can I get re-trained?
If your employer is not able to accommodate your restriction, WSIB will assess whether you should enter into a Labour Market Re-entry. This is a process that includes an assessment of your abilities, and may include a plan that will help prepare you to get back into the workforce.
Q: What if I don't like the course they chose for me?
The purpose of the Labour Market Re-entry program is to get you back to work at a wage as close as possible to your pre-injury earnings. It is always good to be informed, and if there is something you are interested in, talk to your service provider about it. If you feel nobody is listening, it is a good time to call WorkAid & Associates.
Top Of PageQ: Do I have to accept their re-training program? What happens if I don't?
A Labour Market Re-entry program is a benefit you as an injured worker are entitled to but if you feel confused about your rights call WorkAid & Associates. We can help you find the answers you need.
Q: What is a Non-economic Loss, and how do I get one?
If you have suffered a permanent physical, functional, or psychological loss you are entitled to be compensated for it. It is best to seek advice regarding this process as often people become overwhelmed and may not make the right choices.
Q: What is a Future Economic Loss (FEL), and how do I get one?
Benefits to replace lost future income may be available to individuals permanently injured after January 1, 1990 and before January 1,1998. These are based on 90% of the difference between the worker's take home pay before the injury and expected take home pay after the injury.
Q: What is Loss of Earnings (LOE), and how do I get one?
If you miss time from work because of a work-related injury or illness, and your injury was after January 1, 1998, WSIB pays for lost wages. This benefit starts from the working day after the injury or illness occurred and is based on 85% of your take home pay.
Q: My loved one has died, what do I do next?
Losing the one we love can be very difficult. Did you know that there are a number of benefits available to you and your family? Call WorkAid & Associates to find out more.
Top Of PageIf you have a question that has not been covered in this list of FAQ's, please submit your question to rose@workaid.net