If you disagree with a final decision of the Workplace Safety and Insurance Board (WSIB), you can start an appeal at the Workplace Safety and Insurant 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 at the WSIAT, make sure that the WSIB decision you want to appeal is final. Final decisions are usually made by one of the WSIB’s Appeals Resolution Officers, and often include information on how to appeal to the WSIAT. If you don’t know whether the WSIB decision you want to appeal is a final decision, please contact the WSIB.
The WSIAT can only consider issues that are in a final WSIB decision. If you want the WSIAT to decide on a new issue, you must raise this issue with the WSIB first.
Who Can Appeal?
Both workers and employers can start appeals at the WSIAT. If a worker is deceased, the worker's estate or survivors can also file an appeal. For more information please see the Practice Direction: Appeals Involving Deceased Workers. The party who starts the appeal is called the appellant.
Is There a Time Limit to Appeal?
Yes. You have six months from the date of the WSIB final decision to file your appeal with the WSIAT. If more than six months have passed since the WSIB made the final decision you want to appeal, you must apply for a time extension. The WSIAT will then give your application to an adjudicator, who will decide whether a time extension should be granted or denied. For more information, please see the Practice Direction: Time Extension Applications.
Can I Represent Myself?
Yes, you can represent yourself or you can have someone else represent you. When deciding whether to represent yourself, it is important to keep in mind that the WSIAT is the final level of appeal for workers’ compensation matters in Ontario and some issues can be complex. It is usually a good idea to speak with someone who has experience in workers’ compensation matters.
How Do I Start an Appeal?
Before you submit your Notice of Appeal, make sure the form is fully complete. You also need to attach a copy of the final WSIB decision you want to appeal. Without this information, the WSIAT cannot start processing your appeal. The WSIAT may close your appeal if you do not provide the information in a timely manner. For more information, please see the Practice Direction: Closing Appeals by the Tribunal.
If you are ready for the appeal to proceed to a hearing, you can submit the Confirmation of Appeal at the same time as your Notice of Appeal.
If you have any questions or would like more information on starting an appeal, please see the Practice Direction: Starting an Appeal at the Tribunal (Notice of Appeal Process) or Contact Us.
What Happens Next?
After the WSIAT receives your Notice of Appeal, it will send you a letter confirming that your appeal has been received and letting you know what you need to do next. This letter will include your 11-digit WSIAT number, which you should provide whenever you call or write to the WSIAT. If you have not received a letter from the WSIAT more than three weeks after submitting your Notice of Appeal, please Contact Us.
If the WSIAT decides an oral hearing will be held for your appeal, a Readiness Form will be included with the letter confirming receipt of your complete Notice of Appeal. Please complete and return the Readiness Form when you are ready to want us to prepare the Case Record and send it to you or your representative.
If the WSIAT decides your appeal will be heard in writing, the letter confirming receipt of your Notice of Appeal will include this information. In that case, the WSIAT will prepare the Case Record and send it to you or your representative.