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Try our Sample NEL Redetermination Kit below. See how easy it is.
This Kit applies to all claims after January 1, 1990.
Use this Kit to gain entitlement to a Redetermination of your previously assessed Non-Economic Loss award. You can use the Kit even if your previous assessment resulted in a zero award.
This Kit applies to claims after January 1, 1998.
If you suffered a work place injury, or contracted a work place illness and have lost time from work, the WSIB is required to pay you a Loss Of Earnings Benefit (LOE). If, for whatever reason you have not received an LOE benefit, or were denied and LOE benefit, this Kit can be used to gain entitlement to said benefit.
Use this Kit to gain entitlement to Partial Loss of Earnings, if you were left with a permanent impairment as a result of your work related injury or illness which allowed you to return to some type of employment following your injury or illness, but were unable to restore all your pre-injury average earnings in suitable and available employment. This Kit requests that the WSIB pay your partial LOE benefits based on your actual earnings obtained in suitable and available employment.
This applies to claims after January 1, 1998.
Use this Kit to make the case that that your Partial Loss of Earnings benefits should be based on actual earnings from employment and not determined earnings as concluded by the WSIB. If you were not provided with Return To Work (RTW) services following your injury, are underemployed in a job not identified in the Suitable Occupation (SO),or are voluntarily underemployed in the identified SO. This applies to claims after January 1, 1998.
Use this Kit to gain entitlement to a Non-Economic Loss Award, if you had a workplace injury or developed a workplace illness on or after January 1, 1990, which resulted in a permanent impairment. If you were assessed for a NEL award and were given a zero award, our Decision Reconsideration Kit can help you in requesting a reconsideration of that decision.
Use this Kit to request the WSIB to grant a redetermination of a previously awarded Non-Economic Loss (NEL) benefit. A NEL redetermination can only be done 12 months after the previous NEL assessment took place. If you were previously denied a NEL Redetermination, you can use our Decision Reconsideration Kit to have that decision reconsidered. This only applies to claims after January 1, 1990.
Use the Future Economic Loss Presumption Kit to request the WSIB to grant entitlement to a full Future Economic Loss (FEL)benefit. If you had a workplace injury or developed a work-related illness after January 1, 1990, and said injury or illness prevented you from returning to work in any capacity, you may be entitled to a full FEL award to compensate you for your wage loss. This applies to claims on or after January 1, 1990.
Use this Kit to gain entitlement to a pension. If you suffered a work-place injury or illness prior to January 1, 1990 and said injury or illness resulted in a permanent impairment which is supported by medical documentation, you are entitled to receive a Permanent Disability (PD)benefit (also referred to as a Pension) to compensate you for your permanent impairment.
Use this Kit to gain entitlement to a reassessment of your pension. If you currently receive a Permanent Disability (PD)benefit or pension for a work related injury or illness that took place before January 1, 1990, and if there has been a deterioration of said injury or illness supported by medical documentation, you are entitled to have a reassessment of your pension.
Use this Kit to gain entitlement to a Section 147(4) Supplement(also referred to as a Wage Loss Supplement and an Older Worker Supplement) if you are in receipt of a Permanent Disability (PD) benefit or pension and you were not able to restore your escalated pre-accident earnings following your injury or illness, due in part to your work illness or injury.
Use this Kit to gain entitlement to Chronic Pain Disability (CPD) for a work related injury or illness when medical documentation demonstrates that you have not fully recovered from said injury or illness and your condition meets the WSIB's five point criteria governing Chronic Pain Disability. This applies to all claims regardless of injury date.
Use this Kit to gain entitlement to the Independent Living Allowance (ILA)if your work related injury or illness has been assessed at 100% Permanent Disability (PD) award or pension (for pre-1990 injury or illness), or a 60% Non-Economic Loss (NEL) award (for post January 1, 1990 injury or illness, or a combination of the two.
Use this Kit to gain entitlement to a Secondary Condition resulting from your work injury or illness. This applies to all claims.
THIS IS A TWO STEP PROCESS AS DESCRIBED BELOW:
This Kit provides the entire process we've setup to allow you to have the WSIB recalculate your compensation rate if your injury or illness happened between July 1985 and December 31, 1997. This will impact previously calculated Temporary Disability Benefits (TTD), Permanent Disability Benefits (PD) and any Section 147 Supplements that you were paid during that period. Should this result in an increase to your compensation rate, this will result in arrears benefits being paid, and any monthly pension you currently receive will also be increased.
Before proceeding with preparing and submitting this Kit, it is recommended we first conduct a preliminary recalculation of your Compensation Rate in order to confirm that it will result in an increase to your previously established rate. Click the following link to proceed with the Compensation Rate Preliminary Recalculation process.
Once we have completed the preliminary recalculation and have determined that your rate will be increased, you may proceed with submitting the Compensation Rate Recalculation Kit to the WSIB for an official recalculation.
The Kit is the first of three steps within the Reconsideration Process as authorized in the WSIB Act and outlined in WSIB Policy. It compels the WSIB, upon written request, to reconsider any decision previously made in a claim. The next two Kits are the second and third steps in the process. Those Kits are also available for use.
This applies to all claims regardless of the date of injury or illness.