Monday, August 15, 2022

Standing Up for Injured Workers

Justice in the workplace is about more than just challenging improper conduct by employers. Sometimes, it means standing up against third party entities like WSIB

By Peter W. Vlaar, LL.B., LL.M., Ontario Legal Counsel

Workers in Ontario understand WSIB is a safety net in the event they or a coworker gets injured at work, and they require treatment and/or loss of earnings benefits. But what happens when you or a coworker is injured at work and WSIB denies your claim? What options do you have?

Some people might think the alternative is suing their employer, but that’s incorrect. Injured employees are legally barred from suing their employers for work-related injuries if the employer is part of WSIB. That is one of the benefits employers enjoy in exchange for the hefty WSIB premiums they pay for their workers.

The only available option for workers denied by WSIB is to appeal the denial, first within WSIB and then, if still unsuccessful, to the independent tribunal dedicated to hearing appeals pertaining to injured workers—the Workplace Safety and Insurance Tribunal (WSIAT).

One of the services CLAC provides to its members is representation in a dispute with WSIB from the initial denial stage all the way to the WSIAT. This is a very important service for members because without it they would be left to their own devices to either try navigating the complex and clunky appeals system on their own or hiring a lawyer out of their own pocket to do it for them.

As a union, CLAC believes firmly in the importance of work and the dignity of the worker—including the injured worker. As such, we have a dedicated team in place to assist and represent members who are injured in the workplace.

CLAC recently won appeals at all levels for workers across the province. Here are the details of three recent cases.

A member who was an electrician for 28 years developed carpal tunnel syndrome in both of his arms. WSIB denied that it was work-related and claimed he was out of time to make the claim. We were able to have that decision reversed at the WSIB Appeals Services Division, giving the worker access to income replacement benefits while off work for his surgeries and treatment benefits to support his rehabilitation and return to work.
We also worked with a construction labourer who injured his elbow at work requiring permanent restrictions to his function. His employer offered modified duties that WSIB initially accepted as within the worker’s restrictions when in reality he was still unable to perform the job. We were able to appeal that decision, and WSIB accepted the accommodation was outside of the worker’s restrictions. He was granted full loss of earnings benefits and treatment benefits while WSIB worked to have him retrained for another occupation.
As a final example, last year our team represented a healthcare worker at the WSIAT who had suffered a concussion in the workplace when she tripped on a resident’s walker. After more than two years of extensive rehabilitation and gradual return to work with a very accommodating employer, the worker was still unable to resume her pre-injury hours of work and lifestyle. Despite that, the WSIB terminated her benefits on the basis that she should be back at her pre-injury condition. We appealed that decision and successfully had it overturned, resulting in a significant payout to the worker as well as ongoing benefits and support by WSIB for her ongoing rehabilitation.

Standing up for justice in the workplace is about more than just challenging improper conduct by employers. Sometimes, it means standing up against third party entities like WSIB to ensure that injured workers are given the dignity of a proper rehabilitation and opportunity to return to work.

If you or a colleague is injured in the workplace, be sure to notify your CLAC representative as soon as possible so that we can help you navigate the system and support you in the event of a dispute.

Standing Up for Injured Workers

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