We have industry leading experience assisting clients in all Workplace Safety and Insurance Board (“WSIB”) and Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) matters and related adjudication.
We know from experience the consequences of a poorly managed claim under the Workplace Safety and Insurance Act can have a significant impact on an organization’s workplace, experience rating and, ultimately, adversely affect its financial interests. We also know the WSIB recently increased its emphasis on returning injured workers to their pre-injury employers. This has resulted in increased proactive communication from the WSIB and pressure on pre-injury employers to find suitable employment for an injured worker. In our view, this pressure will only increase.
We work with employers to ensure all workplace injuries are managed in a timely manner to minimize the associated costs of an WSIB claim. This may involve ensuring the employee is provided with a suitable modified work program, which is different from accommodation in the human rights realm. Common issues include (but are not limited to):
- Compulsory and voluntary registration
- Compliance audits
- Accident investigation and reporting
- Developing suitable modified work programs
- Early and safe return to work and re-employment obligations
- Employee compensation claims and reintegration programs
- Rate group classification
We also work with our clients to ensure they are in the best position to:
- Effectively challenge a WSIB claim from the outset if there is a credible basis to do so (including any necessary appeals)
- Fully understand the client’s own obligations, as well as those of other workplace parties, including the injured worker
- Have in place a robust and defensible return to work program, as well as strong health and safety policies and programs to avoid workplace injuries and their accompanying expenses
(see also Workplace Audits and Workplace Investigations)