WSIB

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newfy
Post Posted: Mon Jun 25, 2007 5:33 am

Joined: 14 Jun 2007
Posts: 11
Location: Hamilton Ontario
Hi folks
I have a question, if a person goes to a WISAT
Tribunal seeking damages and surgery for on the
job injuries and looses the case,whould the person
be allowed to chalenge the company? Thanks Neutral
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SharynS
Post Posted: Mon Jun 25, 2007 3:31 pm

Joined: 28 Jan 2006
Posts: 3619
Location: the 'puter
Unless the person signed off on the claim then why not? I think the problem is where to go from there, what options are available. Any justice a person seeks after 'the process' dumps them becomes a personal liability and more often than not discourages people from taking it to a higher process. I don't think it precludes anyone from trying, it comes down to a matter of money, time and will and you must have all 3.

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the doc
Post Posted: Mon Jun 25, 2007 3:38 pm

Joined: 27 Sep 2006
Posts: 121
I worked with a guy, and he filed a claim with WSIB,
which they denied. They said it didnot fall under
them. He then went back to the company and filed a
sick claim, and they denied him because they said
you cannot have it both ways. You either file one way
or the other but you cannot jump back and forth. I was
the steward at the time and said we should file a
grievance but hke said no. He was the one out 2
weeks pay.
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weiser
Post Posted: Mon Jun 25, 2007 5:38 pm

Joined: 30 Jan 2006
Posts: 190
Location: Chilliwack
Of course you can't have it both ways, but workers are entitled to have it either way. Whe WSIB denies a claim they aren't necessarily saying you aren't sick or injured, they are saying that it isn't job related or it isn't covered by the WSIB. Once they have ruled, a worker has every right to claim under legislation or under any health plan that she or he is covered by.
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workerpower
Post Posted: Mon Jun 25, 2007 7:27 pm

Joined: 29 Mar 2007
Posts: 101
Not experienced with Canadian WSIB, but have quite a bit with US workers compensation, which is the same model.

Workers Comp is designed primarily to shield employers from lawsuits. If something is covered under workers comp, the worker can't sue. They are restricted to the workers comp system. (That does not mean they cannot appeal a workers comp board decision to a court, sometimes they can.)

If WSIB said you are not coevered because your claim falls outside their jurisdiction, you should have the right to file a private lawsuit. If they said you are not coevered because they think it didn't happen at work, you'll probably have to convince them that it did happen at work. That usually seems to be the biggest obstruction to claims.
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Idealist
Post Posted: Thu Oct 01, 2009 7:25 pm

Joined: 23 May 2009
Posts: 104
Suppose WSIB denied your claim because it wasn't a workplace 'accident', i.e. you were bullied into ill health by your supervisor. You then applied for your company's insurance company's long term disability (LTD) and they denied you as well because LTD is mainly meant for natural illness or an accident that happened off the company's premises. You can then sue your employer for personal injury.
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wm pasz
Post Posted: Fri Oct 02, 2009 2:02 am

Joined: 29 Jan 2006
Posts: 1219
Location: Toronto
In Ontario, your do not have the right to sue your employer if you have filed a claim under the WSIA - no matter what the outcome. See this WSIAT practice decision and this WSIAT ruling which explains the reason that this is so.

You can ask the WSIAT to reconsider its decisions but they don't generally overrule themselves. You can go to Divisional Court and ask for judicial review of a WSIAT decision but your chances of success there are even more remote.

That's how it is. You should be careful how you proceed in a case where you're alleging bullying as you will likely get caught in the administrative tribunal spin-cycle. If you're a union member and you sue, your union and your employer will try to have the lawsuit dismissed on the basis that you should take the matter up through the grievance procedure. If there's some anti-harassment language in your contract, they'll win. If you're a non-union worker, you may want to consider an action for constructive dismissal but that will likely get you fired.

The litigation game rarely ever works out in favor of the worker.

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the doc
Post Posted: Fri Oct 09, 2009 1:54 pm

Joined: 27 Sep 2006
Posts: 121
We had a similiar case at work. An employee was harassing another employee, and the union and the company just went through the motions. You know talking to both parties and then doing nothing. Well one day the employee who had been harassing the other went to far and threatened the other employee. He did the right thing right then and there. He called the police and brought them into the store. You think the company was pissed and the union as well? They just about shit themselves, plus now they had to really deal with the problem instead of window dressing it. The harasser was taken out in handcuffs, and I think the charges were later dropped, but the company now had to take action, or the employee said he would go to the papers. They eventually fired the harasser, and that ended the whole thing. Now it won't work each time but, sometimes you have to go outside the box to make both the employer and the union situp and take notice, and act. Smile
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Idealist
Post Posted: Fri Oct 09, 2009 2:27 pm

Joined: 23 May 2009
Posts: 104
The sad part is that eventually, the employer and union will target the 'whistleblower troublemaker' by harassing him until he can't take it anymore and quit.
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the doc
Post Posted: Fri Oct 09, 2009 2:54 pm

Joined: 27 Sep 2006
Posts: 121
The best part was he was not as you put it a whistleblower. He was just standing up for his rights which the company and union failed to do. He felt if the union and the company would not put a stop to this then he would. Under the law you have the right to call in the law when someone threatens you, and I think that is the best way to go. Bypass all the bullshit at work and stand up for what is right. He called the police right from work, and you should have seen the magrs. face when they walked in, it was priceless. The employee that was harassed, what were they going to do. The first move either the union or the company made towards the guy would have opened up a real can of worms. And with the threat of going public with the whole thing, they just wanted it to go away. So in the end the employee won and everything carried on from there. Very Happy
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