Appealing a decision

The WSIB is legally required to inform you in witting of any decision made in your claim. They are also required to state the reasons for said decision, the legislation and policy authorizing them to make their decision, as well as the time limit for appealing the decision. If you disagree with the WSIB’s decision, you need to respond to their decision letter as soon as possible and explain why you disagree with the decision. The following outlines the process.

 

Reconsideration

The person who signed your decision letter is your decision-maker. You can submit a reconsideration request from the decision-maker. Our Decision Reconsideration Request Kit is easy and effective to use. The Kit also has a short video which provides step-by-step instructions on how to use it effectively and can be produced in just a few minutes.

 

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DECISION RECONSIDERATION REQUEST INSTRUCTIONAL VIDEO

If, after reviewing your reconsideration request, the original decision remains unchanged, the decision-maker will send you another letter explaining why the decision remains the same. At this point, you have another opportunity to object by filling out an Intent to Object form (PDF).

Time limit for submitting an objection

There are legislated time limits for submitting an objection. You have up to 30 days to object to a WSIB decision about return to-work or work transition issues, including re-employment decisions.

You have up to six months to object to any other WSIB decision.

To meet the time limit, the WSIB must receive your Intent to Object Form before the time limits set out on your decision letter.

If you miss the time limit and still want to object, you must send a letter to the decision-maker asking for an extension and explaining why you missed the time limit.

The decision-maker will write to you to tell you if the time limit can be extended.

The WSIB will default to the six-month time limit in a situation where a party is objecting to two different decisions with two different time limits (e.g., work transition issue with a 30 day time limit and a loss of earnings issue with a time limit of six months.

Review of your Intent to Object form

The decision-maker will review your Intent to Object Form and reconsider the decision if new information is provided. This step generally takes 14 business days. If the decision on the claim is changed, the decision-maker will notify you.

If the decision is not changed, the decision-maker will send you a copy of your claim file, along with an Appeal Readiness form and an instruction sheet.


Whether your workplace injury or illness was 30 years ago or recently, we have both the expertise and the tools to help you.

We have an easy, simple and effective process with our Appeal Kit to prepare your appeal for you. Take a look at one of our plans and see which one best fits your needs and let's get started!