Sometimes, an injured or ill person or a business disagrees with a decision about a claim. 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.
See information about disagreeing with a business account 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.
Whether you resolve your dispute early through discussion or make a formal appeal, we'll give you instructions for each step of the process. In the case of a return-to-work dispute, you can ask your Case Manager to help you communicate with the return-to-work team to find a resolution.
If we review the additional information you provided and keep the original decision, the decision-maker will send you another letter providing reasons. 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 submitting an . We prefer that you complete the form, but you could also submit a letter of objection.
You can download the or ask us to mail you one by calling 416-344-1000, or 1-800-387-0750. Our representatives can also help you complete the form. When you have completed the form, you can submit it online.
Completing the Intent to object form or the Appeal readiness form
The and include a consent to use email. This lets us send you information about your claim by email. Receiving claim information by email means you receive your documents faster, letting us help you more quickly.
When filling out the form, you should complete each section to the best of your ability.
Make sure you include the date of the decision that you are objecting to. The decision might have more than one issue. You should be specific about the issue that you disagree with.
If you have new information or explanations that you want us to consider, be sure to submit them with the form.
It’s helpful when you tell us why you disagree with the decision. It could be because you don’t think we applied the law correctly or because there’s information that we don’t have. Your explanation may bring out new information we were not aware of and may result in a change in the decision.
You should include what you want to happen if the decision is changed – like receiving certain benefits or services.
For more detailed information see the for people with claims or .
After completing the form, you can submit it online.
Who can complete the form?
If you cannot complete the form yourself, someone else can complete it on your behalf, but you must still sign it if you do not have a representative. If you have a representative, they can sign the form for you.
Representation
Whether you’re the objecting party (the person who made the appeal) or the respondent (the other party affected by the appeal), you can have a representative. You must provide us with written authorization before your representative can view the claim file. Your representative must provide their contact information and sign the Appeal readiness form to confirm you are ready to move forward with your appeal, or the Respondent form to confirm your participation in the appeal.
Note: You don’t need a representative to appeal a decision. If you’d like one, the provides names of organizations that offer free advice and representation.
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.
Common exemptions include a union representative, or a friend or relative who does not usually provide legal services but may occasionally help someone for no fee. If you have questions about licensing and/or exemptions, contact the Law Society of Ontario.
Getting representation as a person with an injury or illness
While we can’t recommend one representative over another, you have several options:
- If you are part of a union, a union representative can help you with the appeals process.
- If you are not part of a union, contact the Office of the Worker Adviser for help with your appeal.
Getting representation as a business
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 30 days to object to a decision about return to work, including re-employment decisions.
You have up to six months to object to any other decision. To meet the time limit, we must receive your before the deadline 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.
If you are objecting to two different decisions that we communicated to you in the same letter with different time limits (for example, return-to-work issue with a 30-day time limit and a loss-of-earnings issue with a six-month time limit), we will use the six-month time limit.
What happens after I send my Intent to object form?
The decision-maker will review your 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 will send you a copy of your claim file, along with an Appeal readiness form and an instruction sheet.
For businesses, after your employee confirms that they do not object to the release of information to you, we’ll send you the claim file, along with an Appeal readiness form and an instruction sheet.
Reviewing your claim file
Once you receive a copy of your claim 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 Appeal readiness form.
If you do not have a copy of your or your client’s claim file, visit our privacy FAQs for people with claims and their representatives for more information on how to request a copy of the file.
See more information about completing the Appeal readiness form.
Step three: Appealing a decision
Once you complete and submit your Appeal readiness form, we will send a copy of your file to the non-objecting party, along with a Respondent form and completed Appeal readiness form.
Once you complete an and the Appeal readiness form, you are considered the objecting party whether you are the business or the person with the workplace injury or illness.
You can sign up for our secure online services to track the status of an appeal, get updates, and see resolved appeals. Through our online services, you can also submit documents straight to the file and send us messages, all in one convenient place.
Make sure you have the claim number and personal identification number (PIN). You should have received both in the mail. If you don’t have this information, you can contact us.
Non-objecting party (respondent)
The business becomes the non-objecting party if the person with a workplace injury or illness appeals a decision in a claim. The person with a workplace injury or illness becomes the non-objecting party if the business appeals a decision in a claim. Once we receive an appeal, the non-objecting party who chooses to participate in the appeals process becomes the respondent.
If you are the non-objecting party and want to participate in the formal appeal, complete the Participant form and return it to the decision-maker. Send us the form within 30 calendar days from the date we sent the Participant form. If you submit the form online, it will go straight to the claim file. We will send the Participant form to the non-objecting party once the objecting party returns the completed .
If you do not fill out the Participant form to show interest in participating, we won’t include you in any further correspondence related to the appeal.
Rebuttal by the objecting party
If you are the objecting party, you can review and provide a response to the respondent’s submissions. This response is called a rebuttal. You can make a rebuttal for hearings in writing, when a hearing in writing was requested or when an oral hearing request was denied. This only happens if we determine the respondent’s submission contains significant new evidence or arguments.
Send us your written submission within 21 days from the date of the letter asking if you’d like to submit a rebuttal to us.
When you’re providing evidence for your rebuttal to the opposing party, make sure you include:
- what you agree with
- what you disagree with and why
- any additional information you have
In a rebuttal, do not raise new appeal issues or arguments. Only respond to what the opposing party raised.
To provide a useful rebuttal in an oral hearing, try to anticipate the argument of the opposing party and pay careful attention to the information they present.
Requesting method of resolution on the Appeal readiness form
We may conduct appeal hearings in writing or orally. Oral hearings can be in person, by videoconference, or by teleconference.
To request a hearing in writing, complete section 4 of the Appeal readiness form including your full submission to support your appeal and in section 6 select hearing in writing.
To request an oral hearing, complete section 4 and select my position on the issues(s) in dispute is provided below, and then select oral hearing in section 6.
Based on our practices and procedures and the information on the Appeal readiness and Respondent forms, we will decide how to move forward with the appeal.
While you can state your preference, we decide if a case is best resolved through a hearing in writing, or an oral hearing. We will send you an appeal registration letter to confirm the type of hearing.
Respondent’s view on method of resolution
Even if the objecting party requests a hearing in writing, you, as the respondent, can provide your view on the method of resolution on the Respondent form. A decision-maker will determine the oral hearing based on our practices and procedures, and the information on the Appeal readiness form.
If you don’t return your Respondent form within the time allowed, we’ll assume that you have chosen not to participate, and the appeal will proceed without you. You will receive a copy of the appeal decision once the appeal is over.
Witnesses
If either the objecting party or the respondent requested an oral hearing, they are required to include a list of witnesses they’d like to appear at the hearing. To be approved, a witness must include a “will say” statement, which is a brief summary of the evidence the witness will provide at the hearing.
The appeal registration letter will indicate the issues that will be addressed at the hearing and the names of the approved witness(es). If a witness is not approved, the letter will explain why.
Hearing in writing
If you request a hearing in writing, an Appeals Resolution Officer will review the claim file, along with the information and submissions attached to the Appeal readiness form and Respondent form, to make a decision.
Oral hearing
If we decide that an oral hearing is the best way to resolve your appeal, we will schedule your hearing within 90 calendar days. The hearing is your opportunity to explain why we should change the decision made on your claim.
Once we set a date, we will send you a Notice of Hearing with the date, time and location of the hearing. Your hearing could be held in person, online, or by phone.
If an oral hearing is held in person, we’ll cover your expenses. You will need to complete and sign an expense form to get reimbursed for mileage, parking, and food costs. We will also pay you $66.20 for a half day or up to $132.40 for a full day of lost wages.
What to expect at an oral hearing
The Appeals Resolution Officer will listen to your case, ask questions, and make the final decision on your appeal. You will need to answer questions under oath, promising to tell the truth, and use your answers to tell the Appeals Resolution Officer why we should change our decision. In most cases, the Appeals Resolution Officer will mail you the decision within 30 calendar days of the hearing.
Remember to tell the Appeals Resolution Officer of any new information before the hearing starts. The Appeals Resolution Officer may decide to delay the hearing to review this information. If possible, let us know of any new information before the day of your hearing.
We can conduct your oral hearing in English or French. You can also request interpreters for other languages, including sign language. If you make a request, we will arrange for an independent and objective interpreter, who will not have a relationship with you or anyone at the hearing and will not be affected by the result of your appeal.
To request an interpreter, include it in the Appeal readiness form or the Respondent form. Make sure you tell us:
- the language you are requesting, and
- the specific dialect, if needed.
Find more information about arranging an interpreter.
How is the method of resolution decided?
You can read more in our practices and procedures about the types of cases that generally need an oral hearing versus those that can be decided through a hearing in writing.
Denial of a request for an oral hearing
If we deny your request for an oral hearing, you can send a letter asking the decision-maker to reconsider within 30 days. This does not stop the 30-day submission clock.
If the decision-maker does not change their decision and a hearing in writing is confirmed, you will be given another 14 days to provide additional submissions.
You don’t need to provide additional submissions if you have already included all information on the Appeal readiness form. If you do not intend to make an additional submission, please let us know as this may expedite the decision process.
The final WSIB decision
The Appeals Resolution Officer will review the information in the claim file and any additional information you submit on the Appeal readiness form or the Respondent 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. The letter attached to the decision provides 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 Appeal readiness form.
If you withdraw an appeal a second time, you will need to wait 90 days before submitting another Appeal readiness 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.
Track your appeal status online
You can sign up for our secure online services to track the status of an appeal any time and get updates faster, as well as see resolved appeals.
Make sure you have the claim number and personal identification number (PIN) ready – you should have received both in the mail. If you don’t have this information, you can contact us.
Forms
Appeal readiness (mailed to you, along with your claim file record, once you have submitted an Intent to object form)
Learn more
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