How the WSIB is failing the injured workers of Ontario

Part one of a two-part series

by Samantha Ponting

Injured workers advocates gather June 1, 2013 at Queen's Park to celebrate the 30th Injured Workers Day.
Injured workers advocates gather June 1, 2013 at Queen’s Park to celebrate the 30th annual Injured Workers Day.

On Jan. 1, 1915, a worker in Kearney, Ontario, employed by a lumber company, suffered a hand injury on the job. He was the first worker to receive benefits under the Workman’s Compensation Act, which came into effect the same day. The Workman’s Compensation Board–now named the Workplace Safety and Insurance Board of Ontario (WSIB) – was established in 1914 to administer benefits to injured workers in Ontario through a system modelled on William Ralph Meredith’s “historic compromise,” whereby workers are denied the right to sue employers in exchange for compensation, benefits, and the facilitation of a timely return to work.

Because workers cannot sue their employers, they depend on the WSIB to administer justice. Is the WSIB living up to this task?

In 2013, 243 workers died of workplace injuries and occupational diseases in Ontario. Tens of thousands more are injured yearly on the job.

Today, the WSIB is funded 100 per cent by employers and is overseen by the Ontario Ministry of Labour. This year, the WSIB is celebrating what it’s calling “a century of serving Ontario.” Yet now more than ever, the WSIB has been the target of widespread criticism for its failure to adequately compensate workers, process claims fairly, accurately assess medical opinion, and facilitate employees’ safe return to work.

The WSIB is theoretically an independent organization. Yet critics argue the WSIB is heavily biased towards employers. The past few decades have seen inadequate premium rates imposed on employers. Workers have seen cuts to compensation and benefits while the board’s management receives bonuses. Perhaps most concerning is the WSIB’s relentless drive to push workers back into the workforce despite the medical assessment of a worker’s injury. The WSIB appears to be more concerned with meeting the labour needs of employers than providing healthcare to workers.


Denying medical expertise

According to the Workplace Safety and Insurance Act, injured workers have a legal right to “necessary, appropriate, and sufficient” healthcare for their work-related injuries.

Many Ontario injured workers receive health coverage under the Ontario Health Insurance Plan (OHIP). However, OHIP does not usually provide coverage for medications, assistive medical devices, physiotherapy, medically-related travel expenses, and mental health.

The WSIB is required to cover these expenses when they are related to a worker’s injury on the job, but the Injured Workers Action for Justice (IWAJ), which advocates for fair compensation from the WSIB, say that the WSIB is steadily reducing benefits related to healthcare. It reports that the WSIB has cut $77 million in healthcare-related spending since 2009.IWAJ

Jessica Ponting, a community legal worker with the Industrial Accident Victims Group of Ontario, says that almost 20 per cent of the WSIB’s healthcare budget is allocated towards “specialized clinical services,” or WSIB-run assessment centres.

As funds for doctor-recommended treatments are being cut, the WSIB is increasing funding for assessment centres.

The IWAJ claim that these assessment centres are known for predicting early recoveries and can facilitate the denial of claims, as well as a premature return to work.

“They [the WSIB] say benefits are being cut because they are providing healthcare and getting people back to work, which is not true,” says Ponting.

Instead, she says, workers are being sent back to work before they’ve recovered because of predicted recovery dates that often don’t correspond with reality. 

She says, “The WSIB ignores reports from family doctors that state that a worker is still injured.”

“These centres can provide useful information, that’s fair, but the WSIB requires them to say when they will predict the worker will recover. In most cases, they meet the worker once and make a prediction. Then the WSIB says they have a relatively comprehensive medical report and they end benefits based on that expected recovery date,” says Ponting.


The painful side of WSIB assessment centres

Daniela, who requested that her last name not be disclosed, is an injured worker and member of IWAJ.

Daniela says, “Many workers come to me and complain. They are afraid to ask for their rights. They do not know they have rights.”

She says workers are afraid of losing their jobs if they report workplace injuries. They come to her to share their stories and ask for advice.

Daniela’s workplace injury was caused by repetitive movements combined with lifting weight. She was sent to a rehabilitation centre for WSIB claimants, following five months of physical therapy.

The WSIB approved her repetitive movement injury, but did not approve another injury she reported. She says it is not easy to have injuries approved.

She explains that following the workplace injury, the WSIB assigned a recovery time to her, and pressured her to push herself physically beyond her limits. She says the WSIB pushes workers to return to work before they are fit to do so.

She says the centre told her, “In four weeks, you will be good to work again.”

“They try to push you. They increased the amount of weights that I was using. They claimed it was the right thing to do, but I was constantly in pain. They see it but they ignore it.”

She says that during her time in the program, she met many injured workers and heard their stories. “They were in pain. They were forced to work by their case managers.”

The WSIB can cut off benefits from workers by deeming them “uncooperative.” For this reason, workers are sometimes fearful to resist directives from the assessment centres.

“One woman was clearly in pain. She really could not perform her job, but she needed to cooperate. She had to go to work. She had a fixed treatment and then she was sent back to work. And then she received more treatment, and was sent back to work.

“It was like that for a year.”


The Marshall Plan

Since 2009, the number of denied claims have increased by 50 per cent, and benefits to injured workers – which can include, for example, loss of earning benefits – have been reduced by 631 million. These cuts have come alongside the appointment of international banker David Marshall as the WSIB’s president. Marshall, well known to both Wall Street and Bay Street, has presided as vice-chairman of CIBC and as a managing director of New York leading investment bank, Bankers Trust.

Under Marshall, whose five-year contract exceeds 2.4 million, the WSIB has laid off hundreds of staff and slashed benefits for injured workers. What’s worse, Marshall has been promised a $400,000 bonus if he is able to achieve particular financial goals, including increasing “administrative efficiencies” and reducing “unfunded liability.”

Unfunded liability is understood as the discrepancy between the funds required to pay the benefits of injured workers and the amount of money collected into the WSIB’s insurance fund. The provincial government passed legislation requiring the WSIB to eliminate its billions of dollars of “unfunded liability” by 2027. Under Marshall’s austerity model, workers are being forced to bear the brunt of cuts to benefits, rather than requiring emcompensationployers to increase premium contributions. In fact, premium contributions were frozen at current rates for the year 2014.

Even more shocking, the WSIB is providing millions of dollars in rebates on premiums to employers convicted under the Occupational Health and Safety Act (OHSA), as revealed in an excellent report released by the Ontario Federation of Labour on Nov. 24. According to the report, between the years 2011 and 2013, 78 (58 per cent) of 135 employers convicted of offences under the OHSA received almost $15 million in rebates during the same year that offences were committed, and oftentimes, these rebates were greater than the fines designated for violations of the act.

The WSIB is determined to get the worker back into the Canadian job market as soon as the predicted recovery date is over, says Ponting. “‘The WSIB will say, you may or may not be permanently disabled. But we think you could do a job as a customer service rep, or a parking lot attendant.”

“It’s a dehumanizing, intensive process,” she says.


Do labour unions make workplaces safer?

While the WSIB deals with claimants that work in unionized environments, Ponting says collective agreements can improve healthcare access for workers, particularly where agreements provide long-term or short-term disability insurance through a private provider.

The reality is injured workers are confronting two powerful forces against them: the government and the employer.

“They both want to protect the bottom line,” says Ponting. “These are two very powerful institutions. You have the economic incentive of, effectively, an insurance company, coupled with the power imbalance between you and your employer.”

“Unions help to offset that power imbalance between worker and employer, and an insurance company that wants to deny them benefits,” says Ponting.

Daniela has worked in a unionized workplace before, and says she saw a difference in the level of workplace safety between it and the workplace where she obtained her injury.

“The [unionized] workplace was super safe, we were aware. We were aware of how to report this. I wonder why it can’t be like that elsewhere. Because if you are aware, you prevent yourself from getting injured.”

“My experience is unionized workplaces are safer.”

In Part two, R&F.ca examines how the WSIB affects Ontario’s migrant workers, and we will discuss needed reforms to the WSIB system.

 

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88 thoughts on “How the WSIB is failing the injured workers of Ontario

  1. I can contest this. I injuried my back in 2003. WSIB denied my claim stating that my employer had work for me and if I refuse it that they would terminate my employment. I couldn’t even stand up straight. As of today, I am on perm modified work and having trouble walking or standing for more than 10 minutes at a time.

    1. I can attest to the same thing happening to a family member more recently. They ignore doctor’s advice insisting that the worker return to work while still injured thus exacerbating the problem. If the workers refuses because they are in pain, limping or unable to walk unless with a cane they will fire them or keep them on unpaid leave. The goal of reducing benefits and claimants is resulting in more injured workers who can no longer work so end up on gov’t assistance. It’s time that this got more publicity while holding the Liberal gov’t to account.

  2. The same thing is happening all over, budgets being balanced on the backs of the disabled. Over 10,000 waiting for CPP disability hearings. Ontario’s auto insurance companies keep stripping benefits and government agencies follow their lead. Much of the problem is with the quality of the evidence used at these hearings and the fact that these assessment centers are often highly partisan – biased in favor of the agency or insurance company who hired them. Same drs work both the auto insurance insurer examinations industry and the WSIB. Both systems corrupt and stacked against the injured driver or worker. Lots of money for all except the injured person. Expert witnesses, the assessors, in this context has reduced our justice system to a sad joke based on the false medical claims of the assessors.

      1. Hello Brian. Would you know the phone number of Fink and Associates? I can’t find it on Canada411…!
        This is what came back to me…
        … 4,818 businesses for Lawyers surrounding DUPONT ST, Toronto …
        Thanks for your help… R.

      2. Hi there, my daughter injured he back at work last June. She is walking with a can, has been unable to drive and been in alot of pain.
        She was denied WSIB since her employer did not fill out a report at the time of the incident.. They then proceeded to lay her off saying she was not able to work ( this entitled her to only 15 weeks of unemployment). Anything you can share that could help her would be great

        1. you need to find a lawyer and sue the company and management that did not file the forms. Did your daughter file a Form 6. cause if she did and the employer or management did not file form 7. the company can be fine for not filling out the form 7. you need to find out if the employer file or did not file in writing. then get your daughter a lawyer that is willing to fight for her rights. you can find a lawyer out there to take the case because I think your daughter has a case.

      1. Well I”m having a hard time with Cape Breton WCB any sugestions need help in Sydney, Nova Scotia 1902 828-2902 Dale.HURT MY FOOT DELIVERING MAIL, (CANADA POST) ITS STILL VERY SORE SINCE 2007 HAD INJECTIONS PLUS MORE WCB RUINNING MY LIFE.

  3. I have been forced into WSIB due to government legislation. Owner operator. I can get private insurance at half the cost of WSIB and the coverage would cover me 24/7 not just at work. There is something wrong with that. Now they are using my money to advertise on the radio on something I can’t say no to. That is nuts.

  4. I suffered a traumatic fall at work. It took me 2 visits to the ER to finally be diagnosed with concussion. WSIB took 4 months to adjudicate my entitlement. After receiving entitlement my licence was suspended due to the concussion my Dr had to report to the MTO. My employer told WSIB they would not be accomodating me and would fight my LOE. Since May 2014 my LOE ceased. In August 2014 after going to Toronto Rehab, my concussion was blamed on medication; not that I had a traumatic brain injury, whiplash, and fractured rib. So everything was erased except for the fractured rib. And my employer you ask, oh yeah, they don’t have to accomodate me because I’m too injured to return to my regular duties and have refused since May to allow me any hours of work.
    With WSIB wanting to lower the rates of Permanent Impairments, they sure are doing the exact opposite and refusing general health care for workers to heal.
    Because you know I love having headaches that never stop, fatigue that almost keeps me in the house, and no ability to sleep.

  5. Wake up people. The numbers are proof of the corruption at WSIB since its installation of the most recent CEO. It was a losing organization with billions in unfunded liability. McGuinty the most corrupt Ontarian ever appointed the CEO who is known for gutting and twisting and doing crooked things. Sure enough overnight the WSIB turned around ans shaved billions off the liability. Nobody, even in Ontario, is stupid enough to believe that something turned around overnight with 7500% improvement. All they did was modify to the software to deny 50% claims. They admitted this and its public information. Now the WSIB operates as it was intended, a corrupt govt organization milking the citizens and most of all injured workers. Just listen to the attack ads they are running on radio in Toronto, its sounds like a trailer for a horror flick, they twist the words around regarding the regulation and you have stupid homeowner asking their pool boy if they have insurance. The WSIB is a prime example of the corruption in Ontario.

  6. I was denied medical payment coverage for treatment for the reason I received treatment for my injury prior of my injury? In other words my injury came after I received treatment for it? Just another excuse to force a injured employee to fight for what is undeniably theirs and what they have paid into. (for myself 20 years ). Some are to weak or broke still dealing with pain,family crisis, loss of income not strong enough for a battle against a billion dollar insurance company and their legal retoric. That’s those whom slip through the cracks, some now are destitute. Never to regain or return to a life they once had before their injury. Good luck to all.

  7. Wsib put me back to work using my left arm at my side stepping from spot to spot to get the parts needed saying I am capable of working then my back went out (ST) because it’s not at work. Then get canceled for not going to Physiotherapy. Dr sad I didn’t need to go.

  8. IMHO…Anyone who has been unlucky enough to have to deal with WSIB knows how corrupt this organization can be. But, our CDN gov’t is backing their criminal decisions and actions, and even rewarding the WSIB for doing such a great job of reducing costs to them ANYWAY THEY CAN! WSIB is not even slightly afraid of breaking the laws of this land, so that shows someone has gotten a blank check from a higher power, to legally break CDN laws to reduce WSIB costs.
    FYI…A friend of mine hired an independent lawyer to fight for his stolen rights. I had to drive him there as he was still too injured to drive. We too late realized his lawyer was REALLY working for WSIB when he killed my friends “definitely winnable!” lawsuit before it could get into court. Now, it appears we also have a corrupt legal system with at least one lawyer who pretends to be helping the injured worker but is really working for the WSIB. So, we are back to a “who can you trust scenario”. I have come to the conclusion we are now living in a country that has lost its way and our gov’t has hired thugs to do the dirty work of cutting insuring costs “any way they can”. In short, we’re screwed! This is the beginning of the end of Canada. We are obviously being run by a permissive government that is in bed with a corrupt insurance company! Consider…Our injured workers human rights are being violated every day now. They are being bullied and pushed around simply because they were unlucky enough to hurt themselves on-the-job. Our CDN Charter of Rights and Freedoms guarantees us “SECURITY OF THE PERSON”, yet we are having doctors decisions being over-ridden by amateur WSIB “case workers” who have no medical training that could give them power to veto a doctors’ decision. Therapy Clinics owned or (financially) controlled by WSIB are sending INJURED WORKERS BACK TO WORK PREMATURELY, IN ORDER TO SAVE WSIB MONEY! Yet no one out there is willing to enforce OUR CDN Charter anymore???…just like the United States has done with their Constitution. Their Presidents now walk all over it! I pray this country wakes up. In the meantime, watch out for that lawyer you hire! IMHO He just may not have YOUR best interests at heart… I’m REALLY apprehensive about signing my name to this written “opinion” of mine. But I want others to be warned about the possibility of lawyers becoming double agents. My friend lost a lot of money…at a time when he could not afford to! I DON’T WANT ANYONE ELSE TO LOSE MONEY. THAT IS MY ONLY INTENDED PURPOSE HERE. I believe we now have the makings of a false legal help system as well as a false insurance company for injured workers. Please be careful… and you’re right, I don’t trust anyone anymore. Especially when I have to sign my name and email address… (I believe this website is also controlled by WSIB.) After all, IF “I” can think it, so can they. But these poor injured people must be warned that all is not as it seems. So be careful who you give your money to for help. May God bless you ALL and give you the wisdom to make the correct choices… sincerely, R.

    1. Dear R, thank-you for your honest input. but are you able to give that lawyers name, that your friend went too. and the very best for you both. K

  9. i been out of work due to my left shoulder injury since march 20 2015 wsib approved my healing by a chriopratic but denied my lost of earning because my employer has a shortage of work for two month im on pain and cannot find any other work is this ok i mean by law the WSIB can do that for me looks like my employer made the decision while the other employees is going to work everyday my boss made it up so WSIB denied lost of earning can any one advice me what to do i been suffering financialy i have 3 kids to support

  10. I got this shoulder injury since May2014,going through hell with pain on modified duty,which my doctor indicated no pushing pulling or lifting,my employer ignored this said they will give me modified duties but never did,i had to regulate the way i lift myself.Today still in pain and wsib having a meeting with me and the company on Tuesday 19th May,about return to work specialist.I can hardly lift my arm without my shoulder hurting.I got therapy went to their pain specialist had cortazone shots 3 times,got lost of something benefit forgot the term,from wsib.But i cannot do back my regular duties in full my shoulder will be no use to me what can i do?Have bills to pay need to work,my employer is and wsib working together it seems that way.What can i do?

  11. Hi – would you please inform me if there, will be a Class action law suit against WSIB Put my name in and count on me there is bending Case with them since 2012 and yet no benefit . Thank you .

  12. may 26/2015
    I tore both rotator cuffs on the job unrepairable.wsib sent me back to school to fail which i did fail ,the college did not mark my work and stated to my face you fail , Then wsib then decreased my wages from 1800 every two weeks to 555.00 every two weeks.I received a phone call friday from worker Pauline Bolton and informed me they were decreasing my wages to 526.00 every two weeks my hydro bill is 1000.00 a month I am a single parent with a son with severe learning disabilty living at home and look after him , NOW I have a bleeding ulcer and have to go for scope .Wsib are there to make you sick ,They work on you mentally and now physically WHAT can people do ,this is unfair practise and under the constition we are to be treated fairly Why do they have a list for pass and another to be set up to fail .this is now a communist country .

  13. Hi, My claim was denied because the case worker said I did not get injured the way I said it happened. I have papers to reclaim but I’m not sure what to say to them?

  14. Donald Coubrough

    Reply

    The stories of the hell people are being put through by this government backed and controlled organization could have been prevented if the union leadership would have backed the injured workers instead of leaving them high and dry swinging in the wind, there was no fight put forward when cut after cut just kept coming and in reality there still is no credible backing from the mainstay of workers rights. If the unions stopped giving this issue lip service and actually fought for the injured workers we may see some change, if that can’t happen then at least force the removal of WSIB and give workers the right to sue their employer.

  15. I am being forced back to work. I have 2 huriated discs in my neck, 2 torn tendons in my shoulder and hip, bursitis in my shoulder and hip. Still going for further testing on my hip (MRI in July) And of coarse nerve damage. The only thing WSIB has approved is my torn tendons in my shoulder. I am in so much pain. I cry everyday. Dr’s say, NOT ready to return to work. WSIB says I am. I am a single income family, I don’t have a choice.

  16. WSIB has caused and created problems with family life not only monetary problems which are huge to begin with. Has the government done a survey reporting on how many families stay together once a parent incurs an injury? Has anyone?
    Does the government or even the lay person even begin to understand what serious injuries/injuries do to families? Do they give families let alone the injured person mental therapy?????NOOOOO!!!! and if u are in a position like our family was after 2 years of being on WSIB funds our company benefits were cut off….YES tons of work and help needed for the injured parent but also for the family!!!

  17. My claim just got denied by wsib. I twisted both of my ankles at work in the washroom. I do heavy lifting work and i am walking for more the 8 hour with ny safty boots.I was off for a day because the emergency doctor told me to. And i was on the return to work program with my flip flop i can’t even put on shoes . My ankles are so swollen form twisting them Today my return to work supervisor called me and told me not to come to work because wsib denied my claim. I have to use my personal sick weeks to get better. For something that happened at work and they are trying to say i hurt it out side of work. When i was working over 12hours walking around before i got hurt. Can someone help me and tell me what i have to do to fight this. Please!!!! I am very confused why i got denied.

  18. I was injured inside of the hospital I work at. It took ten months and finding an outside physician who sent me for a mri and found that I had severely torn ligaments in my ankle and after working on it they also had to reset my heel bone. I was supposed to be an extra on the modified jobs and have received nothing but a hard time from my employer as well as occupational health. They have overrode three doctor notes ( different physicians) and now they are trying to override the wsib surgeons dr note to have me return earlier once again. It is the most inhuman and degrading thing a person is put through at no fault of their own. I want my life back and to find a way to live pain free. I loved my job but now have no respect for the organization I work for. We don’t have a union but I have a great person from Ontario Workers Advisor that is helping me through this process and through the appeal process.Good luck to all and don’t give up, thats what they want!

    1. I took was hurt at work which is a government agency and I tried to deal with HR for my rights but they don’t help either. Now I find out that my claim has been denied because I didn’t feel pain the day of the injury and they haven’t even see the form 8 the clinic sent in twice. WSIB is denying receipt of my communication so they don’t have to pay out – what a shocker. I told WSIB that they are in the business to keep their money not give it out that’s the way insurance companies work. I don’t understand why all these processes are put in place when there will be no results even if you follow the procedures to a “T”. WSIB told me the injury could have been caused by going to the gym when I haven’t been at the gym since fall of 2015 and the injury was February 2016. How can a lawyer determine without a doctors report how an injury was caused???? This is completed unprofessional and another reason why I don’t believe in our government and never will.

      Justice is for those who can benefit from it not for those who need it!

  19. On January 4th 2015 I was doing a exterior patrol at the site I was assigned to. Before this day I had complained to the building owners that the salt company was not doing their job right. On the above mentioned day while I was doing my patrol I slipped on snow covered ice and dislocated and broke my ankle in multipul places. My work was really good about it all, but wsib tried to cut my physio after only 2 months when I had excessive damage to my ankle (btw I am unionized) When my physio therapist requested 8 more weeks the nurse consultant said I should be further along in my recovery. Needless to say i was sent for a 2nd opinion and guess what the new orthopedic surgeon said the same thing my therapist said. Fyi My work sent stuff home for me to do for 2 weeks, and 2 weeks after that I i was back at work doing modified duties even though I couldn’t put any weight on my injured ankle. Btw it took forever to get my equipment for home care approved and I was in so much pain I used my benefits to get my pain killers because it takes so long to get the ones I was perscribed approved by wsib. Needless to say the new surgeon gave my a CT scan appointment, when the CT results came back it showed I had a displaced talas yay another surgery. I am still working limping and in slight pain and awaiting my surgery in September

  20. I opened this site looking for and answer to my question. “Who can I call if WSIB is refusing to pay me for time lost due to an injury that occurred at work”. What I have learned is that millions of people want to know the same thing. The corruption in this supposed safety net for workers is shocking. But what’s more shocking is that it seems their goal of finding ways to deny people who have been injured, “is” their job. It’s overwhelming when you read the experiences these people have and are going through, because they got hurt at work. There are people like me, that love their job, are supporting their families, but had the misfortune of hurting myself in a freak accident at work. The stress I have had to endure from WSIB over this accident has not been worth the amount of money they would have to pay me, as I only worked casual. But it is more than that now, because my last call from them was to tell me “there is no proof that the accident even happened!!!!”. Which means I had surgery for an injury that never happened! So what I’m hearing is that there is ” no one”, to call when you are being treating unfairly, to the point that you are suffering mentally, physically and financially at the hands of and the discrepancy of WSIB? I don’t think I’ve ever felt so helpless, and disappointed with those given such power. Here in Canada? Well if someone with enough power or influence ever realizes what’s going on, and decides to take the bull by the horns on this. Please sign me up. To the rest of you that are still suffering. I’m sorry you are going through this, I’m there with you. If you decide to work for WSIB, I’m guessing you have to check your conscience at the door. I look forward to meeting the person, who will one day bring your corrupted little empire crashing down. I expect there will be many political casualties on that day.

  21. I seems the class action lawsuit by Fink & B was refused which is very unfortunate. Perhaps they will start another for Breach of Contract by the WSIB to the workers of Ontario. As injured workers we are suppose to have; security of payment, no fault insurance coverage paid for through employer premiums and administered by WSIB.
    After reading the many comments, I realize I am not alone. I wrote the article “Forced Out by a Broken System” on the Rank & File website.
    Since I worked of my career in physically demanding work, I have received numerous injuries in my 40+ years of work. I have been burned a few times by the WSIB until I learned to try to restrict most of my communication to writing and letting my doctor’s notes to speak for me. I have learnt to surround myself with my own doctors who will put my medical well being first. I would agree to any return to work on condition that I receive a job description in writing that I can take to my specialist. If my specialist agrees to the suitability of a job. This put the onus on the specialist to refuse. As for the WSIB Rehab specialist, take copies of the medical notes from your own specialists for them to review. Prior to leaving work with an injury always request a copy of the form your employer is responsible for filling out. Report to a physician within 24hours of an injury and have the doctor fill out the WSIB form; ask for a copy. Your employer can be fined if they do not report a workplace injury. Provided that you report & your doctor reports, WSIB should go after your employer. Wrongful denials need to be Appealed quickly by summiting an Intent to Appeal on the WSIB website.
    Let your doctors refuse any return to a workplace. You must be seen as co-operating with WSIB. Legal advise can be found by OWA(Ontario Worker Advisor) or perhaps your union. WSIAT website is another good source of information for past cases that had been appealed. I hope this information helps answer some questions. Sadly though dealing with WSIB will continue to be a battle it seems since governments seem to think it’s OK to ignore the real needs of injured workers. Those workers who have so far been lucky enough not to be injured at work believe that denied claims most be justified. But recent changes at WSIB & WCB across the country are a “Breach of Contract” with Canadian workers since Canadian workers lost the right to sue for right to be looked after by WSIB/WCB benefit payments.
    By writing I am trying to enlighten Canadians that workers are now working without any safety net to protect them when they are injured at work. Many injured workers are forced into poverty as legitimate claims were denied and these workers need to turn to government programs just to survive. BREACH of CONTRACT

    1. Ontario Worker Advisor are part of the ontario goverment there on side of wsib even though they say there not dont trust them i know a attory in toronto who is acuualy good at fighting comp i fought them from 1989 too 2005 and all i got was running in circles i hired this attrory and withem 8 months too a year it was all straightened out my pension went from 168 bucks a month too 1200 and i still didnt get what i should have but i also didnt have 5 more years too live in poverty now there telling e they will not pay for my medicine and i won my case 10 years ago i say im being denied my charter rights for for cruel and unusal punisment as if having your hopes inflated by being told u win and if u need pain meds or any med wsib will pay under the law then when u have too becasue u loose your insurance then have the board deney your medicince sending u into withdrawl becasue for 20 years u have had too take pain meds if that isnt phycologial punisment as well as cruel not too mention the physical pain i will suffer now beacsue of being refused that is cruel and unusual punisment at its best what we need too do is join together and force a constitution courth to decided as citizins of canada we have the right too be treated fair and most importint we have right too be treated the same no mater where in cana we are and well we dont get that every board is diferent which contravince the charter rights and freedoms not too mention the definitions of words they use are not what the words really mean at least 40 times i had dr specialist tell me im totaly disabled in them words only too have some glorified receptionist at the board try tell me your dr is saying u can go back too work and that u are all better untill we force the board too use the same english dictionary the rest world uses we cant win

  22. Good afternoon just finished reading theese blogs about the the corruption at WSIB. Well maybe we should start with the ceo of this insurance company and the over 600 employees that are named on the sunshine list. We will be entering a election year and all parties are on the campaign trail. So each and everyone of you that are injured should be bring this to your provincial and federal candidates make it a priority. Please do not give up the fight they push us to the brink hoping we have no other choice than to give up. My husband was injured on a job site. His claim was approved for a strain then extended to a rotator cuff tear after further medical evidence. After months of physio they determined he would need surgery. The surgery was done but it was determined there was no tear. He went back to modified duties and continued to have the same ongoing issues. He did everything he could folow ups with surgeon, his regression continued.WSIB brought in a work specialist but all attempts failed as he was pushed beyond his capabilities. Shortly after the surgery he was hit by a car while walking. Well Im sure you know where this is heading. Well now Wsib agrees he needs a second surgery after we got a second opinion. So he has the surgery and four weeks post opt they send a letter. This letter is denying the surgery and that the rotator cuff repair was more extensive and not a result of the work accicent but the MVA. So he is now out of work no benefits and has been told he has no work related permanent impairment. Even though the MVA had never caused any injury to his shoulder. This has been almost two years waiting for decisions. So we now can move forward to a appeal. Then wait again if the decisions are not reconsidered, you appeal again to the next level. This will take years. Not to mention they said we should seek benefits from the auto policy. So in other words commit fraud the same thing Wsib trys to prevent, basically downloading there costs and responsibilities to other agencies. So keep your heads held up high and fight to the bitter end or stand together to abolish this system and gives us rights back to sue. He also has a wonderful rep from the OWA as I tried to help my husband but it put a strain on our relationship as I could no longer whatch a man I have known for 27 years become a shell of the person I knew.

  23. I suffered a tear to my ACL in 1991. After 25 years of surgeries, pain and income loss I have austeoarthritus in the knee which is devastating as I will never be able to retire. The caseworker made the preposterous statement that the condition has nothing to do with the injury but age, even though my other joints are fine. Since they are immune to any court proceedings, how does one deal with such vermin?

    1. They are not immune form the courts, unlike the wsib would have you believe.

      The act specifies “while acting in good faith”, if they are not then you have a case.

  24. In 2005 my husband was electrocuted he was in a coma for two months he broke his back in 20 places suffered a massive head injury crushed his shoulder joint broke every rib and spent four months in rehab. Two years ago WS I B made him return to work part time he continues to have many short-term memory issues as well as back issues. His paycheck is now $400 less as they make him return to work my question is can they make him return and can he work more than they told him he could without deducting more pay

  25. Dear TINA, Your husband can Apply for CPP Disability with Federal Government. He should be paid full wages if deemed disabled. If he has a Union talk to them. He should be paid full wages if he cannot do his Previous Job. WSIB does not want to pay anyone. They look for ANY EXCUSE not to pay people. They are out alot of money. They cannot force you to go back to work if you are injured. Appeal decisions to Workplace Tribunals. If you have a UNION get them to give Occupational Health and Safety Grievances. Report unsafe Job Sites to Ministry of Health and Safety, when you are injured Immediately. They have to go and investigate job sites in Ontario.

  26. Please take a moment to check out my GoFundMe campaign at http://www.gofund.me/FightWSIB. I had a nail go through my left eye in April of 2012 and have been fighting with WSIB ever since. They have recently obtained an automatic judgment against me because I voluntarily went back to work after they cut my LOE benefits to a point so low that I could no longer participate in the retraining program and support my family. Best of luck to others, it’s a long losing battle, but somebodies gotta do it…. right?

  27. WCB across Canada is Corrupt and Fraudulent. In my case, WorkSafeBC stated in their Clinical Opinion and Appellate Decisions that a Video taken during a Job Site Visit {JSV} was on file, and they relied on this Video when issuing the Clinical Opinions & Appellate Decisions. I requested a copy of the Video through WorkSafeBC Freedom of Information Office, and received a response stating the “Video Does Not Exist”. My employer failed to report and investigate a Near Miss and 2 workplace injuries that required Medical Attention, and my employer is a “High Risk” employer. Nothing has happened to my employer, no warnings and zero fines. The Beast Corporation WCB will not “Bite The Hand That Feeds It”. All injured worker’s who have been denied legitimate claims need to band together and let our stories be told and heard. WCB is responsible for probably 100’s of Suicide’s, thousand’s of Bankruptcy’s and Hundred’s of Thousand’s of Destroyed families. WCB is creating Poverty, and placing a Huge Burden on the Welfare System, CPP Benefits and any other social program that will help Injured, Vulnerable and Devastated Human Beings to retain an ounce of Dignity and Survive. This Compensation system is literally destroying Canadian families, and it will continue to do so until we all “Band Together” and say Enough Is Enough. How many innocent Canadian citizens need to Die, or spend what remains of their lives in Pain & Poverty.

  28. I was injured in 2014…..I have 80% loss of my right arm . Hand fingers and wrist do not work. I was in a meeting today with WSIB, they told me as of Jan 1st 2015 they are taking a 40 hour work week off my checks. My other job I made 24.00 a hour 35 hours a week. I cannot go back to my job, I was also told by my surgon/specialist that I am not to return to work. I have type 2 Complex Regianol Pain Sydrome. I Had surgery in Feb/2015 to save my thumb and the following 2 fingers from being cut off.How can WSIB override what a Doctor tells me to do ??? So if I do not find a minume wage job at 40 hours a week, I have very little income to pay my bills ….

  29. I can prove a criminal act by WSIB and WSIAT in Ontario, My hopes are get this charge laid not only on the agencies but every decision maker involved with my claims. I have been investigated by the OPP at the behest of the government, all because of my beliefs that are protected by the Charter of rights Sec 2(b). I have been trying to bring this issue to the light of day. I have brought this to the attention of every injured workers group, all of the government organizations that are tasked with protecting my rights with no interest. I realized that just about everyone involved with WSIB or WSIAT have a vested interested in me being wrong including the lawyers and paralegals that represent you, its all about making money. Everyone benefits from the way the system is now at the expense of the injured worker, WSIB, WSIAT employees get bonus’s, the lawyers get paid more if your case goes on for years, the government representatives continue in their political careers, employers receive rebates even in spite of their being responsible for the death of workers. I am looking for help in bring this issue to the light of day. There is lot more to this story then I am able to tell in written form. Have a look at my website http://www.wsibgettinganasskicking.com , its a little rudimentary but it the bets I can do with limited the limitations caused by my brain injury . Anybody that’s interested in learning more can contact me at 416 894 3733 or btkidder@yahoo.ca . Please do not respond to this at this site.Thankyou

  30. I recently injured myself at work. Have three different physicians checking the “physically unfit to return to work at this time box” and WSIB denied my claim.

    I didn’t decline modified duties… I unable to perform them. I fear I will be terminated if and when I am able to return to work. My employer has indicated I am to return to work and continues to put me on the work schedule. My union has given me no proper direction and or guidance!!! What do I do

    Signed depressed and concerned

  31. Please add my name to this class action suit. I have a complete file and would be more then happy to step up to these scam artists

    Please someone help

  32. It would appear that the founder and former Chair of WCAT has come out swinging …he created a web site
    http://administrativejusticereform.ca/ that lays it all out including Marshall’s end play of getting rid of Vice Chairs at WSIAT who have more than 10 years of experience preferring instead to bring in newbies to address the cases …he did the same thing with Appeals Officers at WSIB …promoting newbies with huge pay increases and letting nature take its course. Newly appointed people tow the line …especially after Marshall fired 300 people up front …he didn’t need to do anything else. Decision makers at WSIB need a paycheque too …they’re not about to risk their jobs by finding in favour of someone. I think things will start to unravel now as MPP’s start to call for inquiries …. pls insure that you send the Board a letter after receiving your denial letter Shawn …disagreeing with the decision. If you need some help you can reach me at donaldjeffreyporter2@gmail.com …I’ve acted for injured workers since 1987. I find this all thoroughly disgusting

  33. I suffered a fall at work, tripping on a cable, where I hit my head and knees on a concrete floor, resulting in a concussion. I have been off for the last 6 weeks and am still suffering from post concussion syndrome. I received a call from WSIB, stating that I was able to return to work this coming Monday, even though my doctor has advised me it will take another 4 weeks before I can go back, even on modified duties. I still have light sensitivity, headaches, dizziness and nausea, and am not able to drive. What are my options, do I need an attorney to fight on my behalf. Any help would be appreciated.

  34. Meta, as a member of the Law Society I am precluded from providing you with advice concerning your situation unless you retain my services. I don’t have a need for retainers or any such thing, What I will say in generalities is that a Case Manager does not possess the medical acumen to make a medical decision. Secondly, in the event that the accident employer claims to be able to accommodate you, the nature of your modified duties has to firstly be reviewed by your medical professional. The offending Policy is know as ESRTW (early safe and return to work). In the event that you do decide to return to work and subsequently injure yourself further or are responsible for someone else’s injury, the Case Manager is fully protected from any future legal actions with respect to his instructions. Failure to report to work as instructed is known as being “uncooperative”. The Case Manager might just be bluffing or he’ll cut off your benefits at which time you need to appeal the decision. Your predicament is presently before the courts insofar as several physicians have come forward complaining about this exact same topic.

    1. Donald, After 15yrs of being off work with a work-related injury and going thru the WSIB appeals process, I recently received WSIAT’s decision that I will get NO compensation whatsoever – full or partial. I only have a couple of weeks to decide whether or not I should go to court although I have 6 mos to decide about asking for another hearing with WSIAT. Any thoughts or advice. I plan to seek out my MPP as well.

  35. I’m not so sure that the general public is fully aware that the WSIB possesses a war chest of $ 25 billion dollars which is presently being held in a branch of the WSIB known as Investments. The monies are allegedly available to be used to service workers injury claims should the Board run short in the general operating budget which is based on the premiums they receive from employers each year; it’s roughly 4.2 billon dollars. They don’t run short ..for the past 6 years they have enjoyed large surpluses due to the indiscriminate denial of workers benefits.

    As I pointed out above, this is the results of Marshall arbitrarily terminating 300 people during his first month at the helm. He really didn’t need to do anything else …the rest of the decision makers simply crawled up in cowardly ball and started to deny benefits to everyone …it is the central reason why WSIAT is presently entertaining 10,000 cases which is a tad more than the 2200 cases they usually have in inventory. Insofar as some 10 billion has been scooped through the denial process the only means by which the WSIB will be able to keep the funds is by insuring that the excellent talented Vice Chairs who are presently guarding WSIAT or dismissed. Early this year Wynne did just that..anyone with more than 10 years of experience is gone. There are ARO’s remaining at the Board who have integrity and are highly skilled, straight shooters, unfortunately they are provided with minor issues to adjudicate. Personally out of the 267 cases I have argued in the Appeals Branch since 2010 ..none have been awarded full benefits and in fact I have only won 11 in total.

    The Board has been peddling poverty for quite a number of years by indicating that they have an unfunded liability of 12 billon dollars. It’s a boondoggle aimed and created political and public sympathy and casting negative innuendo’s onto injured workers by the general public. Didn’t you know that you were all faking? It’s a boondoggle because the Boards has more than sufficient funds to retire any debt well into the future. They have more liquid funds than the majority of countries on earth.

    What can you do … dig in …write letters to your MPP, go to their offices, write letters to the newspapers. I use to not believe in the powers of public perception but it is huge. Appeal every decision that you receive in writing. Call up the decision maker constantly requiring more explanation as to how this could be. Appeal your cases to WSIAT. I don’t much time left here so anything I can help anyone with just hit me up. I don’t need money at this point anymore.

    I have to say in closing that in the wild an animal will not attack or consume an injured or sick animal of its own species …the only ones who do this are people, specifically those who are decision makers at the Board and whomever has given them there marching orders. The WSIB was originally intended to be a non-profit organization whose singular goal was to help injured people eventually get back onto their feet …not repeatedly knock them down and spit on them for the singular purpose of taking their money. …that’s all!

  36. I have read all of your stories and I totally agree with all of you. I injured my middle spine and lower spine due to a freak accident at work in b.c. Worksafe BC is just as bad as all of the other provinces in canada. I have been through all of their very slow appeal processes and have won appeals from what b.c.
    I had to apply to cpp disability and got it but after the first appeal. I have had specialists and doctors say I can not work at any job.
    Worksafe b.c. Doest not recognize that I’m on cpp disability and that I’m still on heavy pain medication to cope day to day for 6 years of being injured.
    They keep putting up roadblocks stating you have to do a vocational rehab process.
    What employer would hire a injured person being on fentanyl patches and dilaudid pain medication plus not being able to move or sit down or stand etc for 10 mind at a time.
    All injured people need to get together and start protesting in front of Cbc news or ctv news and in front of the main worksafe office places.
    The work place insurance is corrupt and it’s like trying to communicate to a illegal regime.
    All the workplace insurance across Canada have to start paying all the injured workers properly who have long term disability.

  37. Great article but when is something going to be actually done about these bloody crooks……pr do we have to ignore laws and make our own like they do to get results?

  38. I totally agree that the frustration is beyond what can be endured. I experience it with every single one of my cases and I usually have 120-150 active files. What the future holds will be obtained through ongoing complaints however I don’t think that one day the Board will suddenly announce in the newspaper that they have been unreasonable, nothing such as that will ever happen as it would turn into a nightmare of everyone wanting their cases to be readjudicated. It will occur slowly and quietly. It’s funny, I use to insist on a $ 30.00 appointment fee and that was the total extent of a “retainer”. The last few years I’ve ended up cutting cheques to clients to help them pay mortgages and rent until our case can be heard at WSIAT . I’ve been in practise since 1987 …never encountered a situation such as this before. Never ignore laws, just keeping fighting the good fight and find ways to reinterpret the existing legislation.

  39. Hi there, I got injured in 2005 at work. Although I went to my family Dr (got diagnosed with carpal tunnel on both hands and referred to a specialist for further test) and informed my employer, both of them did not report this to WSIB. I was relatively new to Canada and was not aware of the procedure. I saw my family Dr if needed, got massage therapy, wore braces and took pain killer medication religiously ever since. In 2013 the pain got worsened. I got diagnosed with tendonitis on my left arm, on top of carpal tunnel on both hands. In was off using sick leaves and on disability. I got CTS surgery on both hands (Dec 2013 & Jul 3014) and steroids injection for the tendonitis (Sep 2014). Both of my claims to WSIB got denied because WSIB’s physician decided that my injuries were not work related and that my employer did not support my claims, despite written confirmation and support from family doctors, neurologist, and hand specialist/surgeon (as well as an ergonomic assessment result).
    I came back to work after my surgery. I have to work, I am a single mom with 3 children (2 of them have special needs). But honestly, it is not easy to be injured, get victimized by WSIB and treated “differently” at work. I did send my file to my MP. His assistant reviewed my file and offered to contact my employer to get a clarification. I am scared that I might get penalized because of that.
    But I am not sure what is best to do. It is frustrating and stressful, especially because I started to have more pain in my left hand again (I think the injection worn off) and my family Dr referred me again to see the hand specialist/surgeon (my appointment is scheduled on December 15, 2015).
    Fyi., I am not the only person from work that has claims denied by WSIB.

    1. Hi Silvi

      Yours is known as a disablement injury which is different than a specific injury. Yours occurs over a lengthy period of time while performing regular duties which sometimes makes it difficult to determine the cause. However if the work you were doing is considered repetitive in nature and you have met all of the legislative times from which to appeal your decision, I would recommend that you get in touch with a worker representative and move your case onto Appeals or WSIAT.

      What did the Medical Consultant say was the cause of your CTS if not from your work? That doesn’t make much sense since you mentioned that an Ergonomic assessment was done that presumably confirmed that the nature of the work would or could result in CTS?

      Did you appeal your case onwards?

  40. OK so I am a farm worker I leave my home country to work in Canada. It was my first time on the job I worked for three before injuring myself. I fell from a ladder which resulted in a waist sprain, torn back muscles, a sprain ankle, I hurt my chest. I did three weeks of therapy and then I was sent home and then I did got an additional 6 sessions. I was compensated lost of earning and all. However after my final therapy session I was told that I should return to work and that the checks wont be coming anymore. I am still in pain, I can do absolutely no bending, I can only lift a limited weight and stand for a short period of time. My life is not the same. My wife is not pleased with my performance and the things I use to do I am now unable to do. My livelihood is greatly impacted. I am a farmer, a painter, a tractor operator. Everything that I do requires long period is standing, sitting, lifting of heavy loads. What actions can I take? Imdo no agree with the doctors design to have me return to work. What are my options. Thanks.

  41. Each decision letter you receive has a provision in the final 2 paragraphs that if you disagree with the decision you have the right to appeal. The WSIB website has information concerning what information is needed to be successful in an Appeal. You might be wise to secure the services of a representative here in Ontario to assist you.

  42. It’s painful to read these stories. My husband was injured at work in May, 2013. He was just approved for WSIB in May, 2015, but we didn’t find out until Oct, 2015 when we requested his file. Make sure you request your files every few months, as there is a lot of information in there you need to know about, including what your employer (and any witnesses) have to say about your injury. My husband’s employer lied at first, and then in subsequent WSIB interviews, ended up changing his story and telling the truth.

    We just received a cheque for 12 weeks (which took 6 months to arrive after approval!) and WSIB is “working” on the retroactive payments they owe my husband for the last 2.5 years, plus whatever his future payments will be, as he’s now permanently disabled. We lost everything, I had my own business and am now claiming bankruptcy because WSIB has taken so long to come to a decision in my husband’s case. I wonder how many marriages/relationships fail because of their decision-making times. How very unfortunate that not only do these injured workers suffer from the pain of their injuries, but also financial ruin and relationship breakdowns. Something in the system needs to change.

    Good luck to everyone, I wish you all well. My advice would be: Keep a file of every single thing to do with your WSIB case and include dates/times and keep it all in one handy place; Call your case worker often for updates; Get a copy of your file every 3 months; Ensure you do not have a lazy doctor as their paperwork is one of the biggest parts of your case with WSIB. Those are some of the lessons we learned the hard way.

    1. i had a ajuticator tell me listen pal you have 2 choices u can fight us and will be years or u can have your wife and marraige but i guretee u you will not beable too have both the games and stress we will put on you for not going away i promise you will break you up he was right 10 years later i lost my wife who i ment in grade 8

  43. What kind of formula does WSIB use to calculate the cost of living increase of pensions?Heres why. Last year the cost of living increase was set at 3.70% of which I recieved .5%. This year I received another .5% when the actual increase was 2.45% In 2 years that means I’m already behind -5.15%.
    My main question is why does everyone else’s increase the full 2.45% and mine only goes up .5% when ALL my costs have gone up the said 2.45% I’m falling further and further behind my counterparts who are actually getting the full rase. AM I a social outcast because I had an unforeseen work place related injury? Sometimes I wonder after struggling with WSIB since 1984 If I am still am a human being by the way they treat me!

  44. I like everyone have numerous claims for the same back issues….some of them approved and some denied but only lasts in 8 weeks of care…. all lower back claims most of the ones I’ve have been denied are the I had to take days off because of my back being so sore and
    like the ones that I tried to get compensation and then they say it’s on an old injury or degenerative disc disease which is bull crap…. because its on the left side…. have had pain on the right side for 19 years and then within the last for four and a half years its on the left side…. and once it touches a nerve puts me down pretty much for 14 days….
    Is there anyone you can suggest to talk to????
    Let me know
    Thank You
    Bad Back Guy

  45. 1.0) Who is in charge of the WSIB?
    1.1) What is their name and address?
    1.2) What are their roles and responsibilities within the company?

    2.0) Are there any third parties affiliated with, or profiting from, the WSIB?
    2.1) If so what are those third parties called and who operates them?
    2.2) What is/are the operator(s) name(s) and address(es)?

    3.0) Who is willing to sponsor me on a campaign for justice the sum total of $16 587?
    3.1) Alternatively who is willing to sponsor me on a campaign for justice the sum total of $6 587, and provide safe,
    reliable transportation?

    4.0) Who else has ever been crushed by 1000 lbs of concrete; having your head, pelvis, and leg crushed? OR shocked by
    8000 Volts, forcing your shoulders to be crushed, and shattered, behind your shoulder blades by 1500 lbs of vinyl
    under tension, and then watched your friend die for minimum wage; while receiving $0 in compensation and being
    told that you have 0% impairment of mind and body?

    5.0) Why is discrimination against disabled people tolerable, if we get no compensation, and have to jump through all the
    same hoops as everyone else?

    6.0) Why should disabled people wait in lines, put up their hands to talk, complete redundant tasks, and get no
    compensation; haven’t we all ready been set back years of our lives and given nothing to make up for it?

  46. How can one WSIB doctor override 3 specialists recommended restrictions and return to work duties.?
    If so then the 3 specialists in my opinion by the WSIB doctors decision are not worthy of there credentials.
    I HIGHLY DOUBT it.
    The one WSIB doctor has only his pocketbook to worry about he is not going to bite the hand that feeds him.
    Bisdes I’m not even sure if a doctor made the desicion.
    We must have many specialist out there that are not qualified in there decision making abilties.
    A health nurse even can ignore a specialist recommendations.
    I guess deny, deny is status guoe.
    Good luck and god help all the injured works
    The battle for your basic rights is going to a long arduous battle.
    Remember that WSIB was created to protect you or was it created to protect businesses from you and your rights.

    1. in 1990 i was given a 20 percent pension and not once did i ever see a dr from the wcb too assess me in any other company or doctor would do that without seing you it be called malpractice but the board calls it good work

  47. wsib scamed me in2002 lost everything i owend ,bankrupt in2006 ,it was upper back and neck has over time made me cronic pain over my whole body and the stress has destroyed my marriage ,soon i will be homeless and too top it off if i had the strength i would like to take my life as selfless as wsib did my rights

  48. I feel so not alone anymore, having been denied any rights, fired from the accident employer who lied against me for 2 fall accidents, both due to ignorance of snow,ice removal or filling in hidden holes in their storage yard. Employer laughed at suggestion they deuce prior to shift start, while my life is ruined financially,marriage shot, children’s memories will be of their dad sleeping, doing nothing due to chronic pain,mental breakdown, suicidal depression.
    But common thread of all stories read, everything denied, clear notes showing employers continuous lies , ignored!, I’m told I’m alright to work after not sleeping day after day, being constantly constipated or worse, nausea 24/7 ,dizzy ,all pleasant side affects of pain Medes, I’m fine to fall asleep at the wheel daily as I am a complete zombie, awaiting the big one,killing myself or others because wsib experts new more about my condition than my doctor of 40years.
    I went from being feeling well positioned for a future lifestyle to unemployed,incapable of performing virtually any tasks, not only is my body shot, but my mind is also gone,my stew of 12 heavy pain killers, 4 antidepressants ,3 migraine narcotics and of course the stress as acute or greater than a soldiers PTSS causes me to fight, Medicate for high cholesterol ,blood pressure, Potassium, low testosterone ,kidney and liver failure ,all I believe directly proportional to my accidents having ruined my life and that if my families.
    I now await the near future of loosing our home as we’ve exhausted everything, collapsed all RRSP’s, I haven’t worked since 2011, I have no honest reference after 22 years with th lying employer and my mental and physical health is on a spiralling course, I must again fight for my rights as all of my medications are incorrectly covered under my wife’s plan as wsib states ” nothing wrong with me” , so if she becomes unemployed I’d probably die shortly from immediate stopping fentanyl heavy dosages, Percocet along with abrupt stoppage of numerous high dosages of anti depression scripts, all denied by WSIB.
    Sorry, but as with others the day I was injured due to my ignorant no caring employer ,my life has completely derailed and to think that nobody gives a bleep about the physical or mental suffering portions that would be awarded for negligent accidents outside of the workplace, to have the bare minimal coverage for direct costs of lost wages,travel, prescription etc denied is so unbelievable that when I detail to those untouched by these situations their expression is that of ” sure,sure, ie. Disbelief”, but now I know others are and have been f ‘d over by the WSIB.
    I’m not a hateful person but i certainly would like for the policy makers, case managers, adjudicators, nurses etc of the WSIB to all suffer the wrath of their own unmoral daily corruptive decisions they make.

  49. I completely agree and am disgusted and not surprised at this behaviour. I think that if a person causes harm to other they should pay for this.
    I have suffered for almost twenty years with the WSIB and WSIAT corruption which is why I have filed (on my own) a 16.5 million dollar lawsuit against the WSIB and the WSIAT.
    My evidence is:
    the WSIB changed my injury after accepting it
    the WSIB forced me into a return to work program , which cause a permanent injury
    The WSIB changed my permanent capabilities which they set
    The WSIAT would not allow me to call witnesses which would have proved the WSIB bad faith decisions
    The WSIAT in a caucus hearing said I was a “Fucking joke” (sorry for the language) laughed and said I deserved to have my assed kicked for having a family and not working.
    My claim was filed in Brampton court in February 2014, The WSIB and the WSIAT filed a motion to dismiss my claim. Not surprisingly it is still in the courts with the first motion.
    I think if every injured worker (union or not) field a lawsuit against the WSIB and the WSIAT changes would happen the courts would have no choice but to finally recognize us as human beings!
    They should cite “tort of Public Misfeasance” on the basis that the WSIB and the WSIAT made decision that were made in ‘bad faith”.
    If you are serious and want to sue the WSIB and the WSIAT, I can show you how and to do it without paying any court fees :)
    e-mail me at paultayl@hotmail.com

  50. WSIB is not for work injuries they seem to claim most are noncommunicable in my case I received a head injury in 1992 and suffered strokes psychological problems and cognitive defects. In 1993 thy denied that the strokes were related and as a result my employer refused accommodation and I found myself on welfare finally received benefits back in 1995. returned to work without rehab and continued to have psychological problems and had further strokes. I went off again in 2012 for psychological problems WSIB case manager claim it was work stress not related to the established claim. I[m currently collecting CPPD for psychological, head and strokes and receiving a reduced pension that i paid into for 23 years. At present waiting for WSIAT hearing since 2013 and recently informed will likely not be scheduled for eight more months. Does workers compensation work I would say in my case unfortunately for me no but for my ex-employer it has they are a schedule 2 employer and they are not responsible for claims that are refused.

  51. On August 20 2013 I had my right dominant hand severely crushed by a tow motor lifting a large rideon power trowel onto a floor. Operator error caused the machine to drop it’s forks to drop pulling my signal Hand out of mid air onto a short wall crushing my hand injuring my right shoulder and lower back. I was rushed to a Toronto hospital where I went into a 5 hr emergency surgery to reconstruct my fingers. I lost most of my baby finger half of the ring finger and rebuilt the middle finger index finger was broken in 17 places 20 compound fractures in back of hand with numerous other fractures the palm was severed through to the back of hand with bones exposed. And by the way according to the Ministry of labour this was a minor accident. They the Wsib had me scheduled to a safe return to work in 10 days. I had no skin on my fingers yet. Long story short they denied my shoulder denied my back cut back on psychology visits after being diagnosed with PTSD denied retraining except for retail because of age. So if you want to know what an injury like this will get you it’s 5800 dollars. I finally after 2 yrs told them to go to he’ll and went back to my job with another company and work everyday in great pain as arthritis has developed in the hand from the injury. This Organization and it’s employees in my opinion are the anti-Christ and I hope for nothing but a long and painful end for them

  52. Well in my case ,after surgery from my injury I suffered a mini stroke, witch left me week on the one side ,wsib told me that I should apply for disability from cpp witch I was accepted , once I started receiving it I was told from wsib that I was able to go work at a different job as a cachier for 4 hours a day thein they cut my benifts at minimum wage for the 4 hours , they can.t touch my cpp so they turn around and cut me off 4 hours a day by saying I can work 4 hours.

  53. I am currently injured, has scaffolding accident in November 2015. I had surgery on my left elbow on The day of the accident and was told I will be able to return to work for three months due to all the pain and physiotherapy I must go through to start at least modified work. WSIB waited till the cast came off 11 days later and decided to send me to work two weeks after that and told me if I did not comply I will be deemed uncooperative and lose my benefits. Now since I haven’t been given the proper time to heal I have just had my second surgery on the same injury in May 2016. I am 99% convinced that if I was able to stay home like my surgeon told me to from the beginning that I would be perfectly fine by now. Does anybody know of a lawyer who can fight for me make sure somebody is held accountable for this?

  54. I work in home care. I had previously broken my ankle (spiral fracture). After 15 weeks I returned to work with modified duties. April 22 I was sent to a client in excess of 300 lbs where I broke the TOP of the same foot and blew out the left side of my back and neck. Wsib states that they aren’t convinced i wouldn’t have broken it anyway?? Work, HR, Wsib all claim I could sit in an office after 4 days. Emerg doc states 14+ days before I return to work. No one cares. I’d like to get a lawyer. Work is now telling me they are taking back 4 days worth of pay because HR (human resources) say so.

  55. I have cracked L5 in my back due the work related injury and because I work in management my claim was denied. So, why am I under impression that my claim was denied because I am in management ? This is why:”I often see Unionized employees report work related injuries 2-3 months later and get approved by WSIB, on the other hand I didn’t report mine 2 weeks and they have told me they believe I hurt myself outside” . So now my injury that temporarily healed will prevent me to do some jobs I qualify for, but who cares, WSIB just saved a lot of money. We are all employees and fact is that we do get hurt. I do not understand why is that hard to process

  56. My experience with my union the amalgamated transit union was certainly not safe received head injury in 1992 was unable to return to pre-injury was on welfare in 1993 WSIB claimed non work related and great west life work related both refused benefits and union didn’t help hired a paralegal to receive benefits. Returned to work in 1996 had emotional behavioral and cognitive problems was unable to adjust to accommodations or the lack of went to human rights 2003 won claim 2010 and was again accommodated incorrectly employer and WSIB not following psychologist restrictions went off work in 2012 and received help from Patrick James a lawyer currently on me a reduced disability pension from Ontario municipal employees pension system and CPPD. Refused benefits from WSIB again not totally disabled from a permanents impairment strokes and psychological injury after my head injury can return to drive city bus without restrictions come ride my bus WSIB my union and employer say it safe.

  57. As a worker who suffered a brain injury the WSIB has relentlessly taken advantage of my injury repeatedly telling me I just have psychological problems despite several doctors reports and only accepting the fact that there has been a brain injury 6 months after the accident because they were so focused on the injuries they could only see. It’s been almost a year since the accident but it still feels like day 1 with respect to the brain injury. How they treat injured workers is criminal and the legal system should seriously investigate them with regards to this. And they wonder why they need to work in buildings with bulletproof glass and armed guards.

  58. My husband injured his lower back at work nearly 2 years ago, and although it took a while for WSIB to pay him, they did. His doctor said he should be off for 12 weeks. WSIB disagreed. He was forced to go back to modified duties, even though the doctor said he should not be bending or wearing safety boots. He even saw a WSIB doctor who said he should be off work for 16 weeks! WSIB chose to ignore their own specialist. How can that be?
    He returned to work (modified duties), still in a lot of pain, and physio wasn’t helping. He ended up getting re-injured, and WSIB refused to pay him for the new claim. Had he been given the chance to recover properly, this probably wouldn’t have happened.
    THEN, when he went back to work full time, WSIB said there was an overpayment and demanded we repay them $2200!
    We refused to pay as it seemed so unfair that they ignored the WSIB doctor’s report, sent him back to work early and then demanded money back. We sent letters but to no avail. We tried looking into what we could do but there doesn’t seem to be much hope.
    He is appealing it through his union but it could be months before he gets an appeal number, and in the mean time, we are being threatened by WSIB with liens, taking money out of our bank account, etc. I know they do all this just to make us scared and pay, but actually, what other choice do we have? We can’t really afford a lawyer.
    They said we have to start paying in installments, but I just know that once we start paying, they will never get back to us with an appeal number and as soon as they get all their money back, it will be over.
    We can’t afford to pay back the debt in a year, but can’t prove ‘hardship’ for the term to be extended.
    Can they really put a lien against you? I read that if they change their mind or miscalculate the amount, then they can’t chase you for the payment. This is an absolutely disgusting company and I can’t believe it treats Canadians like this. I know that there are thousands of people who have been treated worse than we have, but there seems to be absolutely no hope for any of us at all! Can we go directly to a small claims court?

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