Helpful tips on filing a claim
We have handled thousands of appeals over the past 30 years, and have addressed every possible scenario that can occur in a claim. We believe it's best to do whatever possible to avoid going to appeals, as it can be a lengthy, frustrating and expensive process for the claimant.
Some of the most common problems that can occur early on in the claim process can be avoided if you follow these basic recommendations. When reporting your injury to your employer, your doctor and the WSIB, knowing the following three factors will be very helpful for you.
- Time Limits on filing a claim
- Provide details
- Keep a written record
Report right away!
The Workplace Safety & Insurance Act (WSIA) stipulates that you have six months from the date of injury or date of diagnosis of a workplace illness to claim benefits by reporting your injury or illness to the WSIB.
Even if you don't think you have coverage, you should report your injury anyway. The WSIB will sort out whether or not you are covered. Filing your report and keeping a written record of it, can help you avoid potential issues down the road. You should report your workplace injury or illness even if:
- your supervisor or manager tells you not to report, or that you will lose your job if you report it
- your employer tells you that your injury or illness is not covered by the WSIB
- your employer tells you to use sick days to recover from a workplace injury or illness, rather than report it
When reporting your injury, provide as much details as you can about the cause of your injury, where it took place, names of witnesses and what part of your body was injured. This may seem insignificant but rest assured, it is not. We have seen many instances where the worker suffered multiple injuries at the time of the accident but only reported the one causing the most pain. Later on in the claim process, the worker would try to gain entitlement to other areas when they became more problematic, eventually ending-up in appeals.
Keep a written record
After your claim has been filed, this will likely be the most important factor in helping you to avoid issues. Be sure to keep a written record of all your interactions with your employer, your doctors and the WSIB. Start by noting the date and time the interaction took place, who it was with, who else was present, the purpose of the interaction and a summary of what was discussed. Joe's vlog covers more details pertaining to this subject and can be extremely beneficial for you.
Whether your workplace injury or illness was 30 years ago or recently, we have both the expertise and the tools to help you.
Have a look at our WSIB Settlement Kits page, you will likely find one that addresses your issues. If there isn't one, just send us an email describing your problem and we will do our best to create one for you!