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Experienced Hamilton Workers’ Compensation Lawyers
The Personal Injury Group at Ross & McBride LLP has a unique level of experience with WSIB claims. One of our Partners began their career as a Case Manager with the Board. This insight into the WSIB’s internal policies and procedures allows us to move your case forward as efficiently and smoothly as possible, while helping you pursue all available WSIB benefits.
Workers injured in a workplace accident can sometimes find their WSIB benefits overlapping with other types of compensation, such as long term disability benefits or benefits that result from a work-related motor vehicle accident. A lawyer with expertise across these different areas is difficult to find, but something we are uniquely qualified to provide.
We help injured workers navigate WSIB claims, appeals, and disputes, with a free consultation and no upfront fees.
Most injured workers in Ontario are required to seek compensation through the Ontario Workplace Safety and Insurance Board (WSIB). While this system can allow for fast compensation with Loss of Earnings benefits and medical expenses, many people find it challenging to navigate, and disputes can arise with the WSIB, your employer, or both.
This is particularly true when a WSIB claim becomes prolonged and requires more extensive WSIB services, such as work reintegration or transition, home modifications, retraining, and other long-term supports.
Why You May Need a WSIB Lawyer
During your WSIB claim, the WSIB will make several decisions regarding your entitlement to benefits. Some of these decisions may result in denied WSIB benefits. A WSIB lawyer can help make sure you get all the benefits you’re entitled to.
There are strict time limits to file an Intent to Object form if you disagree with a WSIB decision. Sometimes the deadlines can be as short as 30 days.
Common disputes we assist injured workers with include:
- Denial of your initial entitlement
- Denial of Loss of Earnings benefits
- Denial of health care benefits
- Failure to recognize an ongoing workplace injury
- Disputes over the suitability of modified work
- Work-transition plan disputes
- Disputes over whether you have a permanent impairment
- Non-economic loss awards
- Future economic loss awards
We fight to have your injury classified correctly and ensure your personal injury claim reflects the true scope of your suffering.
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What a WSIB Lawyer Will Do
Depending on the status of your WSIB claim, the first thing your lawyer will do is make sure all time limitations have been met to object, and, if not, make efforts to reopen those issues by presenting new information.
Your lawyer will then guide you through the WSIB appeals process, including preparing submissions and assisting with in-person testimony.
We will represent you at the Workplace Safety and Insurance Appeals Tribunal (WSIAT), the final level of appeal, if they are hearing your case. A WSIAT hearing functions like a mini-trial, with its own rules of evidence and procedure.
Your lawyer will:
- Act as your advocate
- Examine witnesses
- Cross-examine opposing witnesses
- Make legal arguments on your behalf
Each stage of the WSIB process involves complex rules and procedures. Having an experienced WSIB lawyer can significantly improve your chances of getting the benefits you deserve so you can recover.
Types of Workplace Injuries Covered by Workers’ Compensation
At Ross & McBride, we frequently assist injured workers with a wide range of workplace injuries and conditions. Some typical injuries or conditions include:
- Chronic pain
- Psychological conditions, either traumatic or as a result of the effects of the workplace injury
- Fractures
- Severe lower back or neck injuries, including disc herniations or bulges
- Repetitive strain injuries
- Occupational diseases, including exposure-related conditions and work-related cancers
- Recurrent injuries, including aggravation of a previous condition
Who Pays Medical Expenses for a Work-Related Injury in Hamilton?
The WSIB should be funding your treatment if it is covered under the scope of their policies. But there are situations where treatment is denied, delayed, or deemed insufficient.
A WSIB lawyer can help you explore all available benefits and compensation options, including other insurance coverage, to ensure you can maximize the benefits of the treatments available to support your recovery, and, hopefully, return to work.
Other Ways Our WSIB Lawyers Can Help
There are situations where injured workers have to choose an “election” between WSIB benefits or benefits from another source, such as from car insurance. In those situations, it can be extremely difficult to find a lawyer who has the right expertise to compare benefits schemes with you and help you make the right decisions to recover your lost wages and get the right medical assistance.
These decisions can have long-term financial consequences and should not be made without the advice of an experienced lawyer.
Our WSIB lawyers help clients:
- Compare available benefits across systems
- Understand their impact on lost wages and future compensation
- Make informed decisions based on their specific circumstances
If you are facing this type of decision, our team has the experience to guide and support you. You do not have to figure this out alone.
Contact Our WSIB Lawyers in Hamilton for a Free Consultation
At Ross & McBride, our experienced WSIB lawyers will provide you an free initial consultation.
During your consultation, the more information and documentation you can provide from the WSIB, the better. But there is no need to wait on a complete copy of your claim file before giving us a call, because it is one of the first things your lawyer will obtain.
If you find yourself in a dispute over denied WSIB benefits, or even have questions about your claim and the claims process, please don’t hesitate to reach out to us today to book your consultation.