# WSIB question



## Cort Strummer (Feb 16, 2009)

This may seem a funny place to ask this but I can't find the answer anywhere else.

I had an accident at work Nov. 14 2008 and shattered my left elbow, I was forced back to work with only being off for 3 months; as my boss kept insisting they had modified duties for me, which I have yet to see...

every time I have told my case manager my employer made up some kind of story. Now it has been deemed that I have a permanent impairment and I have picked my 2 doctors for my NEL (non-economic loss) and just waiting for the appointment date.

I have been putting up with my employers crap after the accident for almost a year now, and I have had enough. I plan to go back to school on my dime in January on my dime unless WSIB will pay for it but when I asked before they said no.

So my question is, if I quit my job (would love to do it tomorrow:sport-smiley-002 will it harm my WSIB claim?

Thanks.


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## Rumble_b (Feb 14, 2006)

Well without knowing all details of your case I would say that a lot of your problems seem to be what your Dr. has said. WSIB usually will not force someone back to work unless the Dr. says you can work or they have a problem with your claim(could be many different things). Your employer is not handling it properly(not surprised) and may end up being fined if WSIB finds out. A lot of time WSIB will pay for school but not always for what you want to take. The Ministry of Labour may be able to help with some of this but I'm not sure. I may be able to get more info at work tomorrow for you if I get a chance.


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## Cort Strummer (Feb 16, 2009)

thanks for the reply. 

Well the last the doctor said at the time was it would be at least 6 weeks before we would consider return to work. But my employer was insisting to WSIB that they had work for me which could be done with one arm. So WSIB said that if I wanted to get paid I had to return to work because they were cutting me off.

really I would love to get the MOL involved to get WSIB and my Employer in trouble.


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## Rumble_b (Feb 14, 2006)

Hmmm.......something's not right here. Well besides your employer, they want you back because it looks better on them and it's cheaper. I think talking to an ajudicator is a good idea. Check out some of these links, they may help. 
http://www.wsib.on.ca/wsib/wsibsite.nsf/Public/home_e
http://www.wsib.on.ca/wsib/wsibsite.nsf/public/ReturnToWorkWhoWillHelp
http://www.wsib.on.ca/wsib/wsibsite.nsf/public/WorkerFraudNoncompliance
http://www.wsib.on.ca/wsib/wsibsite.nsf/public/EmployersESRW
http://www.wsib.on.ca/wsib/wsibsite.nsf/public/Appeals


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## greco (Jul 15, 2007)

Cort Strummer...we deal with WSIB at our practice all the time.

I'd be glad to offer some comments, but I would prefer to do this by PM.

Read Rumble_b's links.

Get as much as you can in writing. *You are entitled to copies of all of the reports *that have been written about you and submitted to WSIB. 

PM me if you want to discuss this in more detail. If not, I understand and wish you all the best in getting answers to all of your questions/concerns regarding your claim dealt with reasonably quickly.

Dave


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## torndownunit (May 14, 2006)

Unless the Doctor recommends that you are ok to work 'modified/restricted' duties that won't aggravate your injury, it doesn't matter what your workplace says/feels. If the doctor's recommendation to WSIB says you need 6 weeks off, that is what you should get.

EG, I sustained a knee injury at work a few years ago. While I was healing from surgery, at a point the Dr said I would be ok for restricted duties if they could offer them. The Dr. had to be the one to recommend that, and say I was ready though. The people at your workplace do not decide that.



> Hmmm.......something's not right here. Well besides your employer, they want you back because it looks better on them and it's cheaper. I think talking to an ajudicator is a good idea. Check out some of these links, they may help.


If a WSIB claim was made, then a Adjudicator should have already called/met with you? And met with the people at your workplace. Has any of this happened?


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## Rumble_b (Feb 14, 2006)

torndownunit said:


> If a WSIB claim was made, then a Adjudicator should have already called/met with you? And met with the people at your workplace. Has any of this happened?


kqoct I wasn't really thinking on that one! You are 100% correct.


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## torndownunit (May 14, 2006)

Ya, I don't claim to be an expert but I have been through the process and something seems amiss. Make sure you keep detailed records of EVERYTHING in case your work is trying to pull some shenanigans.


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## Rumble_b (Feb 14, 2006)

torndownunit said:


> Ya, I don't claim to be an expert but I have been through the process and something seems amiss. Make sure you keep detailed records of EVERYTHING in case your work is trying to pull some shenanigans.


Very much the same here, not a expert but I have dealt with WSIB and all that stuff a few times on the employer side of things.


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## Jim DaddyO (Mar 20, 2009)

WSIB is an insurance company. They operate under the same premis of gather fees, do not pay out. They are snakes! Get yourself a legal representative ASAP. Think about this: There is a whole industry in place to deal with WSIB utilizing lawyers and para-legals, what does that tell you about WSIB, how fair they are, and how they treat injured workers? They will screw you around until the end of time in order not to pay out. If you get the chance for re education, make sure you choose both options carefully. I spent all my time figuring out one option, and my second was entered without my knowledge or permission and it was totally unsuitable for me. Guess which one they opted for? This was AFTER they approved my first choice and then reneging. I was cheering for the guy in Edmonton that went in there with a gun. Wish he would have taken a few of them slimey bastards out! Yes, I am dealing with them, Yes I am getting treated unfairly, Yes, I have a rep and he has all the appeals in place, Yes, it is taking forever. If WSIB wants something, it is right now! If you even ask a question, it takes months to get anywhere.

but I'm not bitter.


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## Cort Strummer (Feb 16, 2009)

torndownunit said:


> If a WSIB claim was made, then a Adjudicator should have already called/met with you? And met with the people at your workplace. Has any of this happened?


They have called me and I have talked to them but as far as I know everything for work as been done over the phone or fax. I dont think they have ever come to my workplace.

I think I am nearing the end of this BS, as I have received my notice of MMR (maximum medical recovery). Now I am just waiting to receive the date for my NEL assessment.


My biggest concern is do I have to stay with my current employer while on WSIB.


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## torndownunit (May 14, 2006)

Jim DaddyO said:


> WSIB is an insurance company. They operate under the same premis of gather fees, do not pay out. They are snakes! Get yourself a legal representative ASAP. Think about this: There is a whole industry in place to deal with WSIB utilizing lawyers and para-legals, what does that tell you about WSIB, how fair they are, and how they treat injured workers? They will screw you around until the end of time in order not to pay out. If you get the chance for re education, make sure you choose both options carefully. I spent all my time figuring out one option, and my second was entered without my knowledge or permission and it was totally unsuitable for me. Guess which one they opted for? This was AFTER they approved my first choice and then reneging. I was cheering for the guy in Edmonton that went in there with a gun. Wish he would have taken a few of them slimey bastards out! Yes, I am dealing with them, Yes I am getting treated unfairly, Yes, I have a rep and he has all the appeals in place, Yes, it is taking forever. If WSIB wants something, it is right now! If you even ask a question, it takes months to get anywhere.
> 
> but I'm not bitter.


In his case, it sounds like the employer is the issue. At least from what's stated in the posts.

Fortunately my WSIB claim went about as smooth as it could go. Very little waiting period, and I was paid until I was able to work again. And my case was not a cut and dry case. I injured myseld, then tried to work through the injury for quite awhile. When it got bad enough that I had to have surgery, the claim was made. Even with the time between the injury and when I had to take time off, they still ok'd it.

Sorry to hear you are going through so much crap.


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## Jim DaddyO (Mar 20, 2009)

If it is your employer, then go to work, do not work beyond your restrictions. You have the right to refuse unsafe work and cannot be disciplined for it. If there is a problem by you refusing work beyond your restrictions, then the MOL gets involved.


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## greco (Jul 15, 2007)

Jim DaddyO said:


> ......but I'm not bitter.


Jim DaddyO....Providing services "on behalf of" WSIB can be a *very* frustrating experience. 

As a result, many clinicians now prefer not to accept referrals from WSIB.

I'm sorry to hear about your experience.

Dave


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## Cort Strummer (Feb 16, 2009)

yeah really WSIB has been pretty good besides having to go back to work sooner then I should of.

My surgeon is very busy seeing 80+ patience a day when he is in the office so he was behind in his paper work which caused some delays. 

I was talking to WSIB today and found out that I can leave my current job without it affecting my claim, but after some thinking I will stick it out till Christmas.

The problem is the HR lady used to be the head of the WSIB department for wal-mart so she knows how to deal with WSIB.


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## Jim DaddyO (Mar 20, 2009)

greco said:


> Jim DaddyO....Providing services "on behalf of" WSIB can be a *very* frustrating experience.
> 
> As a result, many clinicians now prefer not to accept referrals from WSIB.
> 
> ...


There are services available that only deal with WSIB. That is what I meant by a whole industry being born because of the difficulties with them. I am using one myself, it still takes forever to gt anything done. I hired my guy just after I got told I was being put under investigation for fraud. That was just after they got my MRI confirming my injury. I have a new adjudicator since then, but I am not allowed to contact them due to the reaction they got to some of thier decisions. Apparently they can abuse and accuse you, but are not very receptive when it goes the other way around.


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## Metal#J# (Jan 1, 2007)

Jim DaddyO said:


> WSIB is an insurance company. They operate under the same premis of gather fees, do not pay out. They are snakes! Get yourself a legal representative ASAP. Think about this: There is a whole industry in place to deal with WSIB utilizing lawyers and para-legals, what does that tell you about WSIB, how fair they are, and how they treat injured workers? They will screw you around until the end of time in order not to pay out. If you get the chance for re education, make sure you choose both options carefully. I spent all my time figuring out one option, and my second was entered without my knowledge or permission and it was totally unsuitable for me. Guess which one they opted for? This was AFTER they approved my first choice and then reneging. I was cheering for the guy in Edmonton that went in there with a gun. Wish he would have taken a few of them slimey bastards out! Yes, I am dealing with them, Yes I am getting treated unfairly, Yes, I have a rep and he has all the appeals in place, Yes, it is taking forever. If WSIB wants something, it is right now! If you even ask a question, it takes months to get anywhere.
> 
> but I'm not bitter.


I would seriously spit on someone (male or female) that I knew worked for the WSIB. You can't be a real person with a heart if you work for the WSIB. The things they do to people:sport-smiley-002:. Beside my horible experience with them, I spent 2 years in a room with 30 other people being retrained by the WSIB aswell (some 60+), hearing all their redonkulous stories. Truely a heartless corporation that are masters at playing a game that no one else knows the rules to. And to top it off our government signs off on these loosely based policies designed supposedly to stop fraudulant worker claims. 

I could write forever on the subject.......been doing it for a lot of years. I've been thinking about creating a thread to tell my story but I thought it would likely be too long of a read. Know one thing though.......if you get seriously hurt and/or to some extent disabled and you don't have free (union) represntation, and even then, you're fu<ked. If you ever even get close to what you were entitled to, you would likely have lost everthing waiting to get it...............like me. FU<KER$ 

I can't believe the Canadian government lets this money making monster exist. 

J


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