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EMPLOYERS AND CLAIMS
Can Your Employer Ask for a Copy of Your Claim File?
Yes, your employer
may request a copy of your Workplace
Safety and Insurance Board (WSIB) claim file:
- if your employer does not agree with a decision
made by WSIB about your WSIB benefits, or
- if you appeal a WSIB decision.
Your employer cannot obtain a copy of
your file unless either you or the employer object to a WSIB decision
regarding your claim.
Can Your Employer Appeal Your WSIB Claim?
Yes, your employer can appeal your WSIB claim
because they have the same rights as you, namely, the right to disagree
with a WSIB decision and the right to retain a qualified representative.
Why Would Your Employer Want to Appeal
Your Claim?
- Your employer may not agree with the
WSIB decision granting you services or benefits.
- Your employer may want to say something
about your appeal.
- The money WSIB receives is collected
through premiums paid by employers in Ontario. The more that WSIB
pays you, the more your employer may have to pay to WSIB.
Will Your Employer Get Everything in Your
Claim File?
Your employer will get everything in your claim
file except the medical reports. WSIB will not send medical reports
to the employer until you are first notified.
Can You Prevent Your
Employer From Getting a Copy of Your Claim File?
- No, you cannot prevent your employer from
getting a copy of your claim file. You can, however, object to
your employer receiving the medical reports from your claim file
if they have nothing to do with the appeal.
- When your employer requests your claim file,
WSIB will send you a notice asking if you object to the release
of any of the medical reports in your file to your employer.
- If you do object, you must advise WSIB within
21 days. When this happens you should speak to a qualified representative.
- If you do object to the release of medical
reports and your employer still wants the complete file, the Workplace
Safety and Insurance Appeals Tribunal (WSIAT) will ask
for written arguments or hold a hearing to decide which reports
may be provided to the employer. You should note that WSIAT almost
always gives the employer all medical documents, except those
that have nothing to do with the injury.
- There is a strict time limit for launching
this kind of appeal. You should seek expert advice immediately.
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IMPORTANT INFORMATION
There are time limits for appealing WSIB decisions. If you
wish to appeal a decision, contact a qualified representative
as soon as possible. For more information on time limits,
see OWA Fact Sheets 24 and 25 called Appealing
to WSIB and Appealing
to WSIAT.
This Fact Sheet contains general information only. It is
not a legal document. To see what the law says, you should
look at the Workplace
Safety and Insurance Act and WSIB policies. If you
require help and do not have a union to assist you, contact
the Office of the Worker Adviser:
- Our toll free telephone
number is 1-800-435-8980 (English) or 1-800-661-6365 (French)
- or visit our website at http://www.owa.gov.on.ca
Cette feuille-info est
aussi disponible en français
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OWA Fact Sheet 4 - January 2003
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