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| We’ll help you through the dispute resolution process |
| Whether you resolve your dispute early through discussion, or actually launch a formal appeal, the WSIB will provide you with instructions on how to proceed through each step of the dispute resolution process. |
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| 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 person responsible for the decision 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. |
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| Time Limits |
| There are specific time limits for appeals. These will be clearly explained in your decision letter. |
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| Explain your concerns |
| If you wish to object to a decision made by the WSIB, you must provide a written explanation of your objection in order to seek a resolution. This will make it clear to everyone what your concerns are. |
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| You can have your decision reconsidered |
| To make early resolution of disputes easier for you, it’s WSIB policy that the decision maker will reconsider decisions at your request. Information in the case file, on your objection form, and from your discussions with the decision maker will be considered. If you are not satisfied with the outcome of this reconsideration, you can still decide to make a formal appeal. |
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| You can choose from a range of dispute resolution approaches: |
| Because every dispute is different, and everyone’s needs are different, the WSIB provides a variety of approaches to dispute resolution. These range from informal and timely approaches for quick resolution of simple issues, to more in-depth and formal approaches for more complex disputes. Your options in approaches will be explained to you by your WSIB decision maker. |
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| Return to work disputes |
In the case of a return-to-work dispute, you can ask the adjudicator to arrange for a return to work mediator to assist in resolution. For more details on how a return to work mediator can help you and your employer resolve an issue, download the Creating Return to Work Solutions (380k, pdf) brochure.
If this does not result in a satisfactory resolution, you can launch a formal appeal. |
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Want to know our guidelines for dealing with a dispute?
Download our Appeal System Practice & Procedures (201k, pdf) guide. Changes to this guide will be published each January. Updates for 2008 are highlighted with green, italicized text.
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| Can I participate if my employer is filing an appeal? |
Workers or Employers who do not agree with a decision rendered by a WSIB decision-maker can object to that decision.
When the WSIB receives an objection, it issues a Participant Form to the non-objecting party. For example, if the worker is objecting to a decision, the employer will be notified of the objection and will receive an Employer Participant Form.
If you receive a Participant Form, you must fill it out and return it to the WSIB 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 or otherwise express an interest in participating, you will not receive any further information about the objection or about any appeal of the issue. The non-objecting party in an appeal who does not fill out the Participant Form, only receives a copy of the written decision when the appeal process is complete.
For more information please refer to the Appeal System Practice & Procedures (201k, pdf).
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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.
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| To view the Creating Return to Work Solutions brochure and/or the Appeal System Practice & Procedures, you will need Acrobat Reader. |
