Workers Compensation

We currently offer representation services in the following provinces in Canada:

Ontario, before the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal; 

Manitoba, 

Alberta, and 

British Columbia.  

A large number of claims for workers compensation are denied simply because the individual was not represented.  

If you've been involved in a accident or suffered an exposure from your employer's workplace, our paralegals can help you navigate the workers compensation system to get you the entitlement to workers compensation you deserve.

The majority of injuries/exposures become permanent at six months after the work accident/exposure. However,  entitlement for a claim for a permanent injury/exposure will be intentionally delayed by years or in some cases never never.

If you've been involved in a accident or suffered an exposure from your employer's workplace,  which is longer than six months and you have not been granted any entitlement for a permanent injury/exposure our paralegals can help you navigate the workers compensation system to get you the entitlement to workers compensation you deserve.

In a large number of cases, workers who have been injured or suffered an exposure at work have been provided work that is neither safe, suitable or accommodates their disabilities. The law mandates that ANY work offered by the employer or the WSIB MUST be safe, suitable, and accommodates the individual's disabilities. Disabilities are defined in law as accepted work injuries, work injuries that are not accepted, and non-work-related conditions.   

If you've been involved in a accident or suffered an exposure from your employer's workplace,  and been provided return to work program that is neither safe, suitable nor accommodates your disabilities our paralegals can help you navigate the workers compensation system to get you a return to work program that is fair, safe, suitable, and accommodates your disabilities. Additionally, we can also fight for you to be declared unemployable, if you are unable to return to work.    

In a large number of cases, workers who have been injured or suffered an exposure at work have been provided a retraining program for a future job or career that is neither safe, suitable or accommodates their disabilities. The law mandates that ANY retraining program for a future job offered by the employer or the WSIB MUST be for a future job or career that is safe, suitable, and accommodates the individual's disabilities. Disabilities are defined in law as accepted work injuries, work injuries that are not accepted, and non-work-related conditions.   

If you've been involved in a accident or suffered an exposure from your employer's workplace,  and been provided a retraining program for a future job or career that is neither safe, suitable, nor accommodates your disabilities our paralegals can help you navigate the workers compensation system to get you a retraining program that is fair, safe, suitable, and accommodates your disabilities. Additionally we can also fight for you to be declared unemployable, if you are unable to return to work. 

 When a worker who has been injured or made ill by their employer's workplace and is unable to return to the workforce because of their injury or exposure the worker is then to be declared unemployable. This means they will no longer be required to work or perform retraining programs. There are several factors that are considered when making this determination. Some of which are: age of the worker, severity of the injury, ability to perform any work, ability to be retrained, and others. Since 2018, Ontario's WSIB has refused to declare any workers unemployable. This has left many workers declared employed when they are not. 

If you have been placed into this category or are currently facing an onslaught of failed retraining programs when you are unemployable, our paralegals can help you navigate the workers compensation system to get you declared unemployable. 

While every worker has a right to healthcare when they have been injured or made ill by their employer’s workplace, since about 2010 Ontario’s WSIB has become overly aggressive with providing any healthcare to workers, even those who were injured prior to the enactment of the Workplace Safety and Insurance Act. 

If you have been denied healthcare treatment, our paralegals can help you navigate the workers compensation system to get you the healthcare you are lawfully entitled to. 

 Often times workers, after being involved in a work accident or exposure, are unjustly terminated by their employer. While the Workplace Safety and Insurance Act limits re-employment obligations on employers to two years after a workplace accident/exposure, the employer still has legal obligations to employ the worker under other legislation. 

If you have been unjustly terminated by your employer, where you are able to return to some form of work with your employer, our paralegals can help you navigate the workers compensation system and other systems to get you your job back or compensation for your unjust loss of employment. 

In this decision, the worker was seriously injured in a workplace accident. Eventually, the WSIB had declared the worker unemployable. This meant the worker would receive full workers compensation benefits until the worker reached the age of 65. The employer was incensed by this declaration. The employer then hired a private investigator to find any way to get the worker off workers compensation. The private investigator was able to convince the WSIB that the worker was faking. This was done without any medical evidence but merely by the sole testimony of neighbours. Neighbours who were bitter towards the worker as the worker had won several bitter disputes before the landlord and tenant board. 

The WSIB then suspended the worker’s workers compensation benefits. The WSIB created an overpayment for the workers compensation benefits that was previously paid to the worker by the WSIB. The WSIB perused the alleged debt, which was significant in civil court. 

The WSIB then prosecuted the worker in court. The worker was found guilty and sentenced to six months probation. The worker appealed the finding of guilty by the court. The worker’s appeal was eventually heard before the Court of Appeal for Ontario. The Corut of Appeal for Ontario found the lower court’s decision failed to prove the mental intent of the charge and remitted the matter back for a new trial. The WSIB refused to prosecute the worker in a second trial and withdrew the charges. 

The worker then appealed the denial of his workers compensation benefits. The worker’s appeal was denied by the WSIB Appeals Services Division. The worker then appealed the decision of the WSIB Appeals Services Division to the WSIAT and lost under WSIAT Decision 722/20.       

The worker then hired Paul’s Paralegal to perform a request for reconsideration to the WSIAT. The WSIAT has a very high requirement for a worker to meet in order to be successful in a request for reconsideration. The request for reconsideration was prepared and submitted in writing to the WSIAT. Within he request many arguments were made on behalf of the worker including serious errors of fact, law, jurisdiction and infringement of Human and Charter rights. The WSIAT issued their reconsideration Decision 722/20R on November 23, 2022. Within their decision the WSIAT set aside their previous decision of Decision 722/20 and granted the worker full entitlement to workers compensation benefits.  

Click here to view Decision 722/20R

The worker had been granted entitlement for partial loss of earnings benefits until age 65. However, when the WSIB performed the final LOE review to determine the 72- month lock, the WSIB case manager had done this two weeks after the 72-month lock in from the date of the worker’s accident. When the worker raised concern the case manager attempted to claim the 72-month lock-in review goes to the end of the month. The worker had appealed the decision to the WSIB Appeals Services Division, which denied the worker’s appeal. 

The worker retained the services of Paul’s Paralegal. We then appealed the decision to the WSIAT and argued that the original decision of the WSIB case manger and subsequent decision of the appeals resolution officer were incorrect as the policy states the 72-month lock in review is to be done no later than 72 months from date of accident and not the end of the month. The WSIAT vice-Chair agreed and reversed the prior decisions of the WSIB.  

Click here to view Decision 546/24

The worker had appealed a decision of the case manger. The WSIB Appeals Services Division denied the appeal on the grounds the worker had not filed their intent to appeal within the required time limit. 

The worker sought the services of Paul’s Paralegal to appeal the decision of the WSIB Appeals Services Division to the WSIAT. We appealed the WSIB Appeals Services Division to the WSIAT and in the WSIAT Decision 384/24, the WSIAT granted the appeal and extended time for the worker to appeal their decision to the WSIB Appeals Services Division.

Click here to view Decision 308/24