Starting an Appeal

If you disagree with a final decision of the Workplace Safety and Insurance Board (WSIB), you can start an appeal with us, the Workplace Safety and Insurance Appeals Tribunal (WSIAT). The WSIB and the WSIAT are separate, independent organizations that play different roles in Ontario’s workplace safety and insurance system.

What Can I Appeal?

You can appeal most final decisions of the WSIB at the WSIAT. Before you start an appeal with us, make sure that the WSIB decision you want to appeal is final. A Case Manager decision isn’t a final WSIB decision. Final decisions are usually made by a WSIB Appeals Resolution Officer from the Appeals Services Division. These decisions are sent with instructions on how to appeal to the WSIAT.

We can only consider issues that are in a final WSIB decision. If you want us to decide on a new issue, you must raise this issue with the WSIB first.

If you don’t know whether the WSIB decision you want to appeal is a final decision, please contact the WSIB.

Who Can Appeal?

Both workers and employers can start appeals with us. If a worker is deceased, the worker's estate or survivors can file an appeal. For more information, please review Practice Direction #2 – Appeals Involving Deceased Workers.

The party who starts the appeal is called the appellant.

Is There a Time Limit to Appeal?

Yes. You have 6 months from the date of the final WSIB decision to file your appeal with us.

If more than 6 months have passed since the WSIB made the decision you want to appeal, you must apply for an extension of time to appeal. This means you have to tell us why the appeal wasn’t filed on time and why a time extension should be granted. A Vice-Chair or Panel will decide if a time extension is granted. For more information, please review Practice Direction #15 – Time Extension Applications.

Can I Represent Myself?

Yes. You can represent yourself. Please review

Where can I get help with my appeal?

As a worker or an employer, a representative can act on your behalf, either at the start of the appeal or at any time during the appeal process. If you want a representative or need help preparing for your WSIAT appeal, please review Finding a Representative.

How Do I Start an Appeal?

To start an appeal at the WSIAT, please complete a Notice of Appeal for Workers Form or Notice of Appeal for Employers Form and send it to us.

Before you send us your Notice of Appeal form, make sure the form is complete. You’ll also need to send us a copy of the final WSIB decision you want to appeal. We can’t start processing your appeal without this information. We may close your appeal if you don’t provide the information in a timely way. For more information, please review Practice Direction #26 – Closing Appeals by the WSIAT.

You can send us the Notice of Appeal form and the WSIB decision by E-File, regular mail or courier. Please note that we do not accept any case related information by email.

If you have any questions or would like more information on starting an appeal, please review Practice Direction #1 – How to Start an Appeal at the WSIAT or Contact Us.

Interpreters

Our hearings are held in French or English, or a combination of both languages. When a party does not speak or understand French or English, we’ll provide an interpreter. You cannot bring your own interpreter to a hearing. If you need an interpreter, tell us on your Notice of Appeal Form.

What Happens Next?

We’ll send you a letter to confirm we received your notice of appeal. This letter will include your 11-digit WSIAT number. You should give us your WSIAT number whenever you call or write to us. We’ll also let you know what you need to do next.

If you don’t receive a letter from us within 3 weeks, please Contact Us.

Prepare Early

Begin collecting any new evidence that you want us to consider in your appeal. We’ll request it later in the process.