Sometimes, a business disagrees with a decision about a business account. We will send you a letter telling you about a decision we’ve made. If you disagree, we have ways to try to resolve the disagreement before starting the formal appeals process.
Whether you resolve your dispute early through discussion or make a formal appeal, we'll give you instructions for each step of the process.
See details about disagreeing with a claim decision.
Step one: Asking for a reconsideration
If you disagree with a decision, ask the decision-maker to reconsider the decision, explain why you disagree, and tell them what you hope the outcome will be.
The person who signed your decision letter is the decision-maker. They can guide you through the reconsideration process. The reconsideration process is an opportunity for you to provide additional information. When you are as clear and thorough as possible in sharing additional information, it makes it easier for us to come to a resolution faster.
We'll reconsider the decision whether you've provided additional information or not. We’ll send you a letter letting you know whether we are upholding or changing the original decision. At this point, you’ll have another opportunity to object.
Step two: Objecting to a decision
If you have asked the decision-maker to reconsider a decision and you still disagree with their decision, you can object to a decision by writing a letter of objection and submitting it online.
Representation
A business representative can help you with this. You must provide us with written authorization by completing the before your representative can view the account information. Your representative must provide their contact information and sign the form (Objection form) to confirm you are ready to move forward with your appeal.
To provide legal services on WSIB matters, a representative must be licensed with the Law Society of Ontario as a lawyer or paralegal, unless they are exempt from this licensing requirement. If you have questions about licensing and/or exemptions, contact the Law Society of Ontario.
The Office of the Employer Adviser provides Ontario businesses with free, expert and confidential advice, as well as representation and education on workers’ compensation issues under the Workplace Safety and Insurance Act. For more information, visit the Office of the Employer Adviser website.
Time limit for submitting an objection
There are legislated time limits for submitting an objection. You have up to six months to object to a decision. To meet the time limit, we must receive your objection before the deadline specified in your decision letter.
If you miss the time limit and still want to object, you must send a letter to the decision-maker asking for an extension and explaining why you missed the deadline. We will let you know in writing whether we can extend the time limit.
What happens after I send my letter of objection?
The decision-maker will review your letter and reconsider the decision if you provide new information. This step generally takes 14 business days.
If the decision does not change, the decision-maker may ask to have a copy of your firm file sent to you, if requested, along with the form.
Reviewing your firm file
Once you receive a copy of your firm file, you should confirm there isn’t missing information that could affect your objection. If something is missing, send this information to the decision-maker. If you don’t have all the information, let the decision-maker know what’s missing.
The decision-maker will review the new information and reconsider the decision. If you are not satisfied with the outcome, you can still decide to make a formal appeal.
If you don’t have any new information to provide and want to continue with your objection, complete the form.
Step three: Appealing a decision
Once you complete and submit your form, your appeal will go to the Appeals Resolution Officer.
The Appeals Resolution Officer will complete an initial review that includes a telephone discussion with the business to discuss the case and the appropriate method of resolution. Most appeals are resolved through a hearing in writing.
Once the Appeals Resolution Officer has all the information needed or the oral hearing is done, they aim to make a decision about your business account appeal within 30 days.
The final WSIB decision
The Appeals Resolution Officer will review the information in the firm file and any additional information you submit on the form to make their decision. If there is an oral hearing, the Appeals Resolution Officer will also consider the testimony and arguments made during the hearing.
Clarifying an appeal decision
If you receive a decision that you find unclear, incomplete, or containing an obvious error (e.g., a typographical error that does not impact the decision), you can send a message on our online services for the Appeals Resolution Officer and ask for clarification. An Appeals Resolution Officer can issue an addendum to clarify their decision, correct a date, or complete an incomplete decision.
Requesting clarification is not the same as formally disagreeing with a decision.
Disagreeing with an Appeals Resolution Officer’s decision
The Appeals Resolution Officer makes the WSIB’s final decision. If you disagree with this decision, you can appeal it to the Workplace Safety and Insurance Appeals Tribunal, the external and final level of appeal of compensation decisions. Your final decision letter includes information about how to start an appeal at the Workplace Safety and Insurance Appeals Tribunal.
You can also request an internal reconsideration of the Appeal Resolution Officer’s decision within two years of the decision. You need to provide a letter to the Appeals Resolution Officer explaining how the request meets the criteria for reconsideration which are:
- an error in the decision or decision-making process that could affect the outcome
- not applying the Workplace Safety and Insurance Act or approved WSIB policy properly
- significant new evidence that did not exist at the time of the decision and that is relevant to the issue(s) under appeal
- a spelling or grammatical error that impacts the decision
Read our practices and procedures for detailed information on the reconsideration process.
Withdrawing your appeal
You can withdraw your appeal at any stage of the process.
If you withdraw your appeal and want to re-open it, you will need to wait 30 days and then submit another form.
If you withdraw an appeal a second time, you will need to wait 90 days before submitting another form. If you withdraw an appeal a third time, you will need to submit a letter to request permission to re-open the appeal and this letter will be reviewed by the senior leader in the Appeals Services Division.
Forms
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