Workers Compensation Matters
What is Ontario Workers Compensation System?
In 1914, the Ontario Legislature passed the first workers compensation act. This was after an extensive review and report by Sir Justice Meredith. Meredith recommend five principles with a new workers compensation system:
no-fault compensation,
collective liability,
security of payment,
exclusive jurisdiction, and
administration by independent agency
It was the first of its kind in Canada. It meant that workers when injured at work would be cared for. Over time, the workers compensation board was joined by the workers compensation appeals tribunal, the fair practices commission, the office of the workers advisor and the officer of the employer advisor. Not in the order. On January 1, 1998, the workers compensation board was changed to the
Workplace Safety & Insurance Board – WSIB. The workers compensation appeals tribunal became the
Workplace Safety & Insurance Appeals Tribunal.
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Can I sue my employer and/or others for my work injuries?
The only time a worker can sue their employer is when they are not covered by workers compensation. Any other attempts will be dismissed in court. As section 26 of the Workers Compensation Act prevents any such action.
However, it should be noted that you can sue a third party for your work injuries. For example, faulty equipment. Also, if one is involved in a motor vehicle accident this is also an option as opposed to bring a claim for workers compensation.
Additionally, an employee of a schedule 2 employer can sue a schedule 1 employer.
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Is there a time period for filing an appeal with the WSIB Appeals Department and/or the WSIAT?
As of January 1, 1998, the law-imposed time limits for individuals wishing to file an appeal with the WSIB appeals department and/or the WSIAT
Appeals to the WSIB Appeals Branch must be done within 30 days of the decision for matters involving return to work or retraining programs. In the case of all other decisions the appeal must be filed within six months of date of decision.
To file meet the time limit obligation all you have to do is file a written notice of intent to appeal.
Appeals to the WSIAT
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Can I bring a human rights complaint against the WSIB and/or WSIAT?
The Ontario Human Rights Tribunal has the authority to hear any human rights matter in Ontario. However, in cases of workers compensation they will not hear claims for the awarding of benefits. So, in order for your complaint to be heard by the Human Rights Tribunal, it
MUST not be made for a claim for benefits.
For example, the WSIB denies you entitlement to benefits on a fallacious ground, which violates your human rights. The decision is reversed on reconsideration or on appeal. You can then bring a claim for damages with the Human Rights Tribunal against the WSIB or the WSIAT depending on the specific case.
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Can I sue the WSIB and/or the WSIAT?
Again, you can only sue for anything other than a claim for benefits. For example, you were denied benefits on an alleged
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