Workers: helping you stay informed and stay safe

Worker appeals


If we make a decision you do not agree with, your first step should be to discuss the issue with the person who made the decision. By communicating cooperatively with your decision maker, you can often resolve a dispute early, without going through the substantial time and effort of a formal appeal.

New appeals process

To learn more about our new process and how to appeal a WSIB decision, review our Frequently Asked Questions and the Appeals Services Division Practice and Procedures (190.0kb, PDF) document.

Second mailing to complete the Transition Appeal Readiness Form in outstanding cases deferred to week of April 19, 2013

Intent to Object form

Our Intent to Object form is now available online with instructions:

Consultation

Even when a formal appeal is necessary, we always encourage a positive and cooperative approach in order to reach a resolution that is fair to everyone involved.

Thinking about appealing?

If you are considering an appeal, here are a few things you should know:

  • We’ll help you through the dispute resolution process
    Whether you resolve your dispute early through discussion, or actually launch a formal appeal, we'll give you instructions on how to proceed through each step of the dispute resolution process.
  • If you have questions about a decision, ask us - we’re here to help
    Clear communication prevents many disputes before they start, so it's in everyone's interest that we help you understand any decision we make about your case.

With this goal in mind, we'll send you a letter explaining any decision we make about your case. If there's anything in the letter you don't understand or agree with, please feel free to call us. The WSIB decision maker will be available to answer your questions or discuss your concerns. We'll also provide you with a copy of your file to help you review your case.

Time limits

There are legislated time limits for submitting an appeal.  The letter that explains the decision indicates the time limit to appeal the decision.  In order to meet the time limit, we must receive your Intent to Object Form before that date.

Written explanation

If you wish to object to a decision we've made, you must provide a written explanation of your objection in order to seek resolution. This will make it clear to everyone what your concerns are. 

To do so, please complete the Intent to Object form (86.0kb, PDF).  There is an Instruction sheet for workers (81.4kb, PDF) to guide you when completing the form.

You can have your decision reconsidered

To make early resolution of disputes easier for you, a WSIB decision maker will reconsider decisions at your request.   The decision maker will consider information in your case file, new information you provide, any new information on your Intent to Object Form, and information from your discussions with the decision maker.  If you are not satisfied with the outcome of this reconsideration, you can still decide to make a formal appeal.

Dispute Resolution

The Appeals Services Division offers two methods of dispute resolution

  • A hearing in writing could resolve simple issues more quickly, based on a review of the claim file documents and submissions
  • An oral hearing is generally used to resolve more complex disputes

Please refer to the Appeals Services Division Practice and Procedures document (190.0kb, PDF) document for more detailed information.

Return to work disputes

In the case of a return to work dispute, you can ask your Case Manager to arrange for a Return to Work Specialist to help find a resolution. If this does not result in a satisfactory resolution, you can launch a formal appeal.

Can I participate if my employer is filing an appeal?

Workers or employers who do not agree with a decision made by a WSIB decision maker can object to that decision.

If your employer is objecting to a decision, you will be notified of the objection and will receive a Worker Participant Form and a copy of the documents in your claim file.

If you want to participate, you must fill out the Participant Form and return it to the WSIB within 30 days to ensure that you receive notice of the proceeding and an opportunity to participate in any appeals on the issue.

If you do not fill out the form to express an interest in participating, you will not receive any further information about the objection.   You will only receive a copy of the decision when the appeal process is complete.

For more information, please refer to the Appeals Services Division Practice and Procedures document (190.0kb, PDF) document.

Learn about how we work together with the Workplace Safety and Insurance Appeals Tribunal (WSIAT) to improve how appeals are managed and to ensure the best possible case process for employers and injured workers.

To view the Appeal System Practice & Procedures you will need Acrobat Reader.

For further information on how we deal with disputes, call 1-800-387-0773.

Appeals Resolution Officer decisions

The  Appeals Services Division publishes Appeals Resolution Officer (ARO) decisions on the Canadian Legal Information Institute (CanLII) website.

Many federal and provincial jurisdictions also post their tribunal or equivalent decisions on the CanLII website or on their own website. These include decisions from the:

  • Supreme Court of Canada
  • Canadian Human Rights Tribunal
  • Ontario Labour Relations Board
  • Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT)

To protect the privacy of workplace parties, references such as the worker’s name, claim number, employer’s name, health professional’s name and other personal identifiers have been omitted from all WSIB ARO-posted decisions on CanLII.

To access WSIB ARO decisions on CanLII, visit www.canlii.org..