A cold case of benefit confusion
I was contacted by a potential client this week about a workplace injury claim. Due to privilege, we can’t use his real name, so let’s just call him Budolph.
Poor Budolph has recently suffered a case of severe frostbite to his nose after working outdoors an entire night in inclement weather. He has filed a claim with the Workplace Safety and Insurance Board (WSIB), but it is pending while they investigate the circumstances.
His employer, let’s call them Kringle Industries, alleges that while he may have been exposed to cold temperatures at work, he subsequently spent the entire next day partying with his eight co-workers and a bunch of elves at an outdoor club called Reindeer Raves, and that this was the cause of his frostbite.
No one is arguing that he suffered the injury and is unable to work (Budolph’s nose is key to his job), the only dispute is whether or not the injury arose as a result of his employment.
Budolph was unsure if it was improper to file a claim with his short-term disability with Kringle Industries while he awaited a decision from the WSIB. The human resources at Kringle Industries, a Mrs. Claus, has discouraged this, but as this is a small family-run business, he thinks she might just want to avoid paperwork.
I informed Budolph that it is common for the WSIB to take several weeks, or even longer in complex cases, to make a decision. There is absolutely no reason to hold off applying for other disability benefits during this time so that a person can receive some income support.
The key is transparency. Provided that a person is being transparent about where they apply for support, the various insurers/government/WSIB will usually deal with any repayment obligations in the background among themselves. For example, the WSIB will usually simply repay his short-term disability insurer if his claim is approved. In the meantime, at least he’s able to receive financial support while his claim is pending.
Navigating the various compensation schemes available to people, or reindeer, can be a daunting task, particularly while you’re trying to recover from an injury or illness; like navigating a dark night in the fog. Consulting with a lawyer who specializes in this field can help provide you the bright red light to get you through in one piece.
Happy Holidays, Everyone!
This article was originally published by The Hamilton Spectator.
