Work-related Injuries
Personal Injury
If you are injured at work in Ontario, it is important to understand how our team can help you. We can help you understand the process of getting the compensation you are entitled to, make sure that you are not taken advantage of, and provide the necessary legal representation if necessary.
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Workplace Injuries
In Ontario, workplace injuries remain one of the leading causes of disability and death. Every year, thousands of workers in the province are injured on the job, with many of these injuries resulting in long-term disability or even death.
The good news is that employers in Ontario are required by law to provide a safe workplace for their employees. This means that employers are required to take steps to protect their workers from workplace injuries and illnesses.
Unfortunately, workplace injuries are still common in Ontario. The most common type of workplace injury is musculoskeletal disorder, which can be caused by a wide range of activities, such as lifting, pushing, or prolonged sitting. Other common workplace injuries include slips, trips, and falls, as well as overexertion.
The best way to prevent workplace injuries is through education and training. Employers should make sure that workers are aware of the risks of certain activities and can identify and report any potential hazards in the workplace. Employers should also ensure that workers are properly trained in the use of any equipment and that safety protocols are in place.
When an injury does occur, employers are required to report it to the Ministry of Labour, Training and Skills Development. The ministry also provides resources for employers, including a guide to workplace safety and a list of potential hazards in the workplace.
In Ontario, most workers are also protected by the Workplace Safety and Insurance Board (WSIB). The WSIB provides these workers with compensation for workplace injuries and illnesses. Workers can also apply for rehabilitation and return-to-work assistance.
Overall, it is important for employers in Ontario to take steps to protect their workers from workplace injuries, and to ensure that injured workers receive the support they need to return to work. By taking these steps, employers can help protect their workers, and ultimately, their businesses.
Suffering from a Work Injury?
If you have been injured at work in Ontario, it is important to understand your rights and how Cordaie Paralegal Services can help you. Injuries in the workplace can range from minor to severe, and the consequences can be both physical and financial. Our team can provide invaluable assistance in understanding the legal obligations of both the employee and the employer with regards to workplace injuries.
In Ontario, employers are required by law to provide a safe workplace for its employees. This includes having safety procedures and equipment in place, as well as health and safety training. If an employer fails to provide this, and an employee is injured as a result, the employer may be liable.
Employees who are injured at work can be entitled to benefits under the Ontario Workplace Safety and Insurance Board (WSIB). These benefits may include medical expenses, lost wages, and disability benefits. A paralegal from our firm can help an injured worker understand what benefits they are entitled to and help to ensure that they receive them.
They can also assist in pursuing a personal injury claim if negligence on the part of the employer is suspected. They can help to evaluate the evidence and calculate the amount of damages that may be owed.
It is important to act quickly after a workplace injury. We can help to ensure that all the necessary paperwork is completed in a timely manner and that the injured employee is not taken advantage of by the employer.
If you have been injured at work in Ontario, contact our firm so that we can provide you with the legal advice you need and help you to understand your rights and entitlements. With the help of Cordaie Paralegal Services, you can ensure that you are compensated fairly for any workplace injuries you suffer.
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Work-Related Injuries
Some information that you should know about work-related injuries.
Workplace Injury: Disability Claims
An individual who is unable to work due to a work injury may qualify for disability benefits. Injured workers can obtain disability benefits with the help of our dedicated team. It is Cordaie Paralegal Services' commitment to providing our clients with personalized attention and a realistic assessment of your chances of recovering disability benefits through the use of our services.
Workplace Injury: Income Support
Your job performance can be adversely affected by a work injury. In the Ministry's classification of conditions as disabilities, your injury will likely be included. It is not uncommon for Canadians to suffer from workplace injuries at some point in their lives, but these injuries are often downplayed by employers and insurance companies. Many Canadians may not be aware that they may be eligible for benefits if they were injured while performing their employment duties.
Employment Insurance (EI) Sickness Benefits
To apply for EI benefits, you need to use Service Canada's online application system. There is no need to go to any Service Canada office to submit the application; you can do it from the comfort of your own home. Your doctor will need to verify that you will not be able to work for the 15 weeks covered by EI to receive benefits. As soon as you decide that you would like to confirm your sick leave, you will need to get in touch with your employer so that he can issue you a Record of Employment (ROE) that confirms the leave you have taken.
It is important to know that if you are eligible for short-term disability benefits you will not be able to claim both short-term disability benefits and Employment Insurance benefits at the same time.
Short-term Disability (STD) Benefits
Temporary disability payments are also known as short-term disability benefits (STD). Your benefits will be paid at a rate of 50 to 67 percent of what you earn. In most cases, you will be able to get them for 15 to 17 weeks, but sometimes it may be longer. The payments will usually be sent to you every two weeks in most cases. These benefits are offered either by the company or by a group insurance plan provided by the company. Both employee assistance programs are run on behalf of the employer by an outside agency that is hired by the employer.
It is only if you have a company-sponsored plan that you are eligible for this program. Not all employers offer this benefit to their employees. In case your employer does not provide you with EI sickness benefits, you might still be able to apply for them.
In addition to that, if you qualify for STD, then you will not qualify for EI as well. It may be possible for you to get STD payments instead of EI benefits if you can get those.
Your employer or the insurance company will provide you with the forms that you need to fill out. It is necessary to fill out three forms to apply. In addition to the one for you, there is one for your doctor and one for your employer. For the insurer to be able to process your claim, it is up to you to return all the forms.
There is a possibility that your application may be denied, but you can ask for a review. An internal appeal is what is known as an appeal within the organization. If you wish to appeal your claim, another employee in the company will review it during the appeal process. The number of appeals you can have is three or four at a time. It might be necessary for you to appeal to an outside judge after that, or you may even have to file a case with the courts. There are several options available to you depending on your situation.
Long-term Disability (LTD) Benefits
Benefits for long-term disability (LTD) last longer than short-term disability (SPD). An LTD claim can last for many years if you are successful in getting payment. The benefits of a policy will typically last for a certain number of years, like two, five, or ten, for example, as specified in the policy. It may be that they last until a certain age, usually 65 years of age, or they may last indefinitely.
Typically, LTD payments cover between 50 and 67 percent of the amount you earn every month. There is only one payment a month rather than payments every two weeks. It is common for LTD benefits to be derived from group plans or private insurance policies, just like STD benefits.
There might be LTD benefits included in the group medical plan that your company offers, so make sure to check that out. If you are a member of a union, your medical plan is likely to include LTD coverage for you. There are also private insurance policies that may be able to cover these expenses if you are self-employed or underinsured. There are two types of privacy policies. There are usually fixed amounts that are paid out, but there are also policies that pay a percentage of your income.
You can apply for LTD insurance by filling out a form and sending it to the insurer as soon as possible. Again, you are likely to receive three forms in the mail. You should have one for yourself, one for your employer, and one for your doctor. It is your responsibility to submit them, and again, it is your job to do so. As soon as the insurer receives all of your paperwork, a decision will be made.
In the same manner, as with STD claims, you can appeal a denial of your claim. There may be two to three internal appeals that you will be able to make under your LTD plan. Afterwards, you would have to attend an appeal hearing with an outside judge - or you could file a lawsuit against the court.
Canada Pension Plan (CPP) Disability Benefits
The CPP provides coverage for permanent disabilities as part of its benefits. Depending on your eligibility, you may be able to receive benefits up until the age of 65. As of now, payments range from $524.64 to $1,457.45 per month, depending on the type of service. In terms of how much you receive, it is based on how much you paid into the program. As you contribute more, the more you are going to get back in return. If you work for a living and receive a salary, then you also pay into CPP as you do with EI.
Having the right amount of CPP credits is essential for you to qualify for CPP disability benefits. If you are a former spouse, credit can be split with her/him or you can contribute to the pension plan of another country to get credits. Alternatively, you can also qualify for tax credits if you have to stop working to take care of your children.
In some cases, you may be able to get LTD and CPP at the same time. The LTD insurer does have the right to deduct your payments in the same amount as your LTD benefits, but this is not always the case. Suppose, for instance, you receive $900 from the CPP disability program, and your insurer can reduce its payment in the same month by $900 as well.
Despite having enough credits, you will still be required to prove that your disability is both "severe and prolonged." This means that you are unable to work regularly and earn a living. It is unlikely that a prolonged disability will improve soon.
By filling out the CPP disability forms, you can apply for CPP disability benefits. To complete the medical report, your doctor or nurse practitioner will need to fill it out. It is then necessary for you to send your application to the local office of Service Canada which is responsible for your province.
When Service Canada denies your claim, there are two levels of appeal that you can pursue. An appeal for reconsideration is the first step in the appeal process. This appeal must be filed within 90 days of receiving the denial to be considered. If you are denied again, then you can appeal your case to the Social Security Tribunal. It is also important to note that the deadline is also 90 days.
If you file a claim with the tribunal, you will be presented with a three-member panel or a judge to decide on your claim. If you wish to give evidence during the hearing or answer questions, you are welcome to do so.
Workplace Safety and Insurance Board (WSIB) Benefits
The workers' compensation system pays long and short-term benefits to injured workers. There is a different program for each province. An injury sustained at work qualifies you for benefits. It is also important that your employer is covered - not all jobs are.
Your condition can be caused or worsened by a workplace injury, even though it is difficult to prove. The Ontario WSIB now allows claims for "work-related mental stress injuries" caused by their jobs. It's not a policy adopted by all workers' compensation programs in Canada, but workers in Ontario are covered.
You need a doctor's diagnosis to prove that the workplace injury caused the condition or made it worse. To qualify, you must have a diagnosis. It is important to prove what specific conditions or events led to the injury at work. Your employer or co-workers can serve as witnesses if an accident occurred.
Short and long-term disability payments overlap with workers' compensation payments. You should seek legal advice if you have any concerns about payments. In some provinces, you may retain your CPP disability benefits as well as your workers' compensation benefits.
In the event your claim for workers' compensation is denied, we will follow the appeal procedure for Ontario. There are also two levels of appeal in these programs: the internal reconsideration process and the external appeal process. This tribunal is called a Workplace Safety and Insurance Appeals Tribunal (WSIAT) in Ontario.
Veteran Affairs Canada (VAC) Benefits
You may qualify for short or long-term disability benefits from Veterans Affairs Canada (VAC) if you served in the Canadian Forces.
To qualify, you must demonstrate that your injury was caused or worsened as a result of a "service-related injury." A doctor will also need to confirm the diagnosis.
VAC has both an online and a paper application process for VAC disability claims. A VAC representative will review your service medical records and ask for more information if necessary. Veterans Affairs follows a familiar process for appealing denials: internal reconsideration, followed by Veteran's Review and Appeal Tribunal hearings.
Ontario Disability Support Program (ODSP) Benefits
In Canada, every province pays income support benefits to people who can't work due to disabilities. For those who qualify, fixed payments can be received for the rest of their lives.
Even if you have never worked, you may be eligible for provincial benefits. These tax benefits, however, are only available if your total family income is below a certain level. There is a difference in that amount between provinces. It is not determined by the family income whether a particular disability benefit will be approved or not.
You apply for disability benefits through your provincial agency or program if you are eligible for them. In most cases, you will need an official report or certificate from your physician confirming that because of your medical condition, you cannot work.
There is a chance, if you have been denied, that you can appeal internally within the program or agency. You are also able to appeal a final decision to an outside tribunal in some provinces if you wish. To determine what the proper procedure is in your province, check with them.
Disability Tax Credit
You can lower your taxable income by taking advantage of the disability tax credit. To qualify, you must suffer from a severe and prolonged impairment as defined by the program. There is, however, a higher standard for this program than for others.
You may be able to get some of your previous taxes refunded if you qualify for this credit.
The timeline of your condition will determine how long it takes. To apply, you must fill out a T2201 form and send it to Revenue Canada.
If Revenue Canada rejects your claim, you can appeal it internally. The Tax Court of Canada must be contacted again if your appeal fails.
Frequently Asked Questions
Here are answers to some common questions.
Workplace Injury
GET THE BENEFITS YOU DESERVE
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As a long-term disability sufferer, your personal and professional lives will be affected as a result. In addition to adversely hindering your social and occupational performance, mental, physical, and cognitive health, and your overall well-being, a workplace injury can have a significant impact on your health. Injuries cause disruptions, loss of work days, inability to work, and significant financial burdens. As well as difficulties dealing with work-related demands and social situations, the severity of physical conditions can increase.
If a workplace injury has already negatively impacted your ability to work or significantly changed your life following an accident, you may be able to recover financial compensation through filing a claim, depending on whether an accident has adversely changed your ability to work or significantly impacted your life. Your eligibility for disability benefits depends on how severe your injury is. Your life quality is also determined by how it affects you.
To establish your disability claim, you will need your medical records and any other evidence to support your claim. If you make mistakes during the process, you may spend a lot of time and money in the end. Getting the support you need will be harder or impossible if this is the case. Sadly, many people believe that they cannot obtain compensation for their injuries if they are harmed. The majority of people give up when they are rejected at the beginning of their journey. It is not uncommon for them to refuse to move forward after receiving rejection after their first attempt at moving forward.
As a result, you may spend a lot of money and time taking this step. If you consult our firm in this instance, there is an excellent chance to avoid this type of situation. This is if you ensure that your rights and interests are protected. If you want to understand what disability options are available to you, the first thing you need to do is consult with our team who is familiar with the disability options available to you, such as accident torts, disability claims, or any other action you may be entitled to under the law, so that you can understand what disability options entail.
You must work with us to gather the evidence you need to prove your claim so that you can prepare a compelling argument. The easiest way to receive the compensation you deserve and require is to settle your injury claim. If you are unfamiliar with this field or have never been in this situation before, it may be difficult to grasp. Even so, our team can help protect your legal interests in a dispute. With Cordaie Paralegal Services' support and guidance, you will be able to feel more confident about your claim as you move forward.