4. Go through the appeal process
Question & AnswerWhat do I do if I disagree with a WSIB decision?
When you submit your Intent to Object Form, the Workplace Safety and Insurance Board (WSIB) will send you a letter telling you what to do next.
Even if you did not ask for a of the original decision, the WSIB will reconsider the original decision if you submit new information with your Intent to Object Form.
The letter will usually come with a copy of your claim file and an Appeals Readiness Form. You use this form to tell the WSIB when you are ready to go forward with your .
To be ready for your appeal, both of these things have to be true:
- you have decided whether or not you want a lawyer or someone else, for example a paralegal, to represent you in your appeal
- you have gathered all the information and documents you have to support your case, such as medical documents, and sent them to the WSIB
There is no deadline to submit this form, so you should only submit it when you are ready.
The form will ask if you’d rather deal with your appeal hearing in writing or orally, but the WSIB will make the final decision. Orally can mean in person or over the phone. Think about the 2 options:
- a hearing in writing can resolve simple issues more quickly
- an oral hearing can resolve more complex issues and is usually held within 90 days of when the WSIB decides the type of hearing it wants for you
If you choose to deal with your hearing in writing, you must write down your reasons for disagreeing with the decision and submit them along with your Appeals Readiness Form. An oral hearing is usually the best opportunity for you to explain your case directly to the decision maker.
Your employer can decide whether or not they want to participate in your appeal. If your employer participates in the appeal, they may ask for a copy of your medical . The WSIB will ask if you will allow this, and if not, why not. The WSIB will then decide whether to give your medical information to the employer.