Claim denied by WSIB

#1
I am fighting lower back (herniated disc and sciatica) pain, why should I now have to fight with WSIB to receive benefits that I'm entitled to as per the act? Just because it was not as sudden as a broken bone or severed limb, this obviously happened over time but it still happened at work. What kind of proof do they expect me to provide? I cannot stand or walk for more than 5 minutes. I've received no income for over 4 weeks now and have had to cancell all my therapy appointments due to the fact that WSIB denied my claim and am now on the hook for over 12 treatment sessions. The therapy that I received did give me some relief but now I feel as I'm regressing back to my original state.
 

lowmiler88

Site Supporter
#2
With WSIB you have to prove that you did it at work, it has to be a defined incident. How would they know that you did not do it at home or you are a hobby farmer or you were cutting wood. That is to protect the company, otherwise the whole system would be bankrupt. It sucks but it has to be that way.
 
#3
Wsib

Have always wondered how WSIB comes to their conclusions. In our experience here, it seemed to me that someone who shouldnt qualify did, and some who should have qualified didnt.

Only comfort I can provide is to meet with your MPP and launch an appeal.

WSIB is a huge, costly bureaucratic mess and I sympthasize with anyone who has to deal with them. Have recommended for years they tear it down and start from scratch
Good luck
 
#4
Oh trust me lowmiler88 I've been around this industry for a long time and I know the other side of the coin having owned my own fleet and paying into WSIB. I've made an intent to appeal anyways, so we'll just have to tough it out. I don't get mad I just get even in situations like this. Thanx anyways
 
#5
Oh trust me lowmiler88 I've been around this industry for a long time and I know the other side of the coin having owned my own fleet and paying into WSIB. I've made an intent to appeal anyways, so we'll just have to tough it out. I don't get mad I just get even in situations like this. Thanx anyways
I agree rickway, having delivered to large corporations such as Generous Motors I've seen the system used and abused by many a worker just to get the summer off with pay. Thanx for your support
 

alx

Site Supporter
#6
Hire a lawyer specializing in workmans comp claims, a simple mise en demeure will get them moving. You do say it has hapenned over time , and they may beleive this is a recurring injury. The onus is on them to prove that it did not occur when you say it did.
 
#7
Thanx alx for your input, much appreciated. Those that don't know what "mise en demeure" is, "putting in fault" or "final notice" best describes the meaning.
 

Salma

Active Member
#9
Thanx alx for your input, much appreciated. Those that don't know what "mise en demeure" is, "putting in fault" or "final notice" best describes the meaning.
If you are not unionized you can call the Office of the Worker Advisor (OWA) if you have not already. They give free services for injured workers. Not sure where you live but if you are in Ontario, this site lists their office locations.
Office of the Worker Adviser - Contact Us

I used to work for the OWA way back when. They are an independent agency of the Ministry of Labour and NOT affiliated with WSIB. They can advise you how to proceed and if you appeal, they will represent you at the appeals tribunal level as well. There are strict timelines to appeal WSIB decisions so you need to contact them ASAP. Hope this helps you.
 

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