Denied by WSIB? Here’s What You Can Still Do

ByBNW Staff

A Workplace Safety and Insurance Board (WSIB) denial letter can feel like the end of the road when an injury has disrupted your health, income, and future plans. But a WSIB denial is almost never the “end of the road” on a claim, because you generally have a right to appeal within the system and, at the very end, to seek judicial review in the courts. You are (in most cases) still able to challenge a denial, correct gaps in the record, and present stronger evidence.

Speaking with a WSIB law firm can help you understand why the claim failed and what you would need to change the outcome. It’s crucial to work with lawyers who are experts and only do WSIB claim denials and appeals; not a massive law firm who handle denials as a side service or a small part of their practice.

Act Before the Objection Deadline

After receiving a denial, find the deadline printed in your decision letter. WSIB generally allows up to 30 days to object to decisions concerning return to work or re-employment, and six months for most other decisions. However, before filing an objection, the WSIB instructs you to contact the decision-maker and ask for a reconsideration of their decision. They advise you to submit an Intent to object form if you still disagree with the decision after reconsideration.

You should consider consulting a WSIB lawyer to help you file the objection, or if you missed the deadline and need to ask for an extension.

Identify Why the Claim Was Denied

The denial letter may say that the accident was not established, the condition was not compatible with the reported event, notice was late, or the evidence didn’t connect the injury to the job. A small discrepancy may affect your credibility, while a missing clinical opinion may leave WSIB without the evidence needed to connect your condition to your work.

Build Evidence Around the Issues in Dispute

Compare the decision with your claim file. Look for incorrect dates, missing medical reports, inconsistent descriptions, or job duties that weren’t properly explained. More paperwork doesn’t automatically create a stronger case. Evidence should answer the reason for denial. Depending on the dispute, useful materials may include:

  • Medical records explaining the diagnosis, symptoms, treatment, and relationship to workplace duties or an incident
  • Statements from witnesses who saw the event or noticed your condition afterward
  • Schedules, emails, photographs, equipment records, or job descriptions that confirm what happened
  • A clear personal account that explains the timeline without exaggeration or guesswork

Ask healthcare providers focused questions. A note confirming that you attended an appointment may not move the needle. A well-supported opinion addressing how the injury could have occurred, when symptoms appeared, and whether your work was a significant contributing factor is often far more helpful.

Moving from Objection to Appeal

The decision-maker will typically review your objection and reconsider the denial within 14 business days if you provide new information. If you’re not satisfied with their response, the next step is an Appeal at the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

After reviewing the file and gathering evidence, you must submit an Appeal Readiness Form. If the matter proceeds, an Appeals Resolution Officer can decide it through written submissions or, in some cases, an oral hearing.

The Tribunal is independent from WSIB, and it generally must receive the appeal within six months of the final decision date. Tribunal proceedings involve their own evidence, disclosure, and procedural choices, so preparation matters.

Turn the Denial Into a Deadline

A denial can become more difficult to challenge as memories fade and records become harder to locate. Treat the letter as a prompt to mark your deadlines, preserve evidence, and get professional advice on what to do next.