3. Get ready for your WSIB appeal

When you submit your Intent to Object Form, the Workplace Safety and Insurance Board (WSIB) sends you a letter that tells you what to do next.

The letter will usually come with a copy of your claim file and an Appeal Readiness Form. You use this form to tell the WSIB when you're ready to go forward with your appeal.

To be ready for your appeal, both of the following must be true:

• you know if you want someone to represent you in your appeal, for example, a lawyer or paralegal, and
• you gathered all the information and documents you have to support your case and sent them to the WSIB, for example, medical documents.

Make sure to include any new information or documents you have with the form. You can include these even if the person who made the first decision did not see them.

You can also send in a statement with your form that explains in more detail the reasons why you disagree with the original decision.

There's no deadline to submit this form. You should submit it when you're ready.

Type of hearing

The Appeal Readiness Form asks what type of hearing you want. But the WSIB makes the final decision.

You can have an oral hearing. This means that the hearing will be:

• in person,
• by videoconference, or
• over the phone.

Or you can have a written hearing. This means that the WSIB decides your appeal by looking at the documents and written information you gave them.

Which type of hearing to choose

If your appeal is about simple issues, the WSIB can make a quicker decision if you chose a written hearing.

If this is what you choose, you must:

• write down the reasons why you disagree with the decision, and
• submit them along with your Appeal Readiness Form.

If you appeal is about complex issues, it's usually best to have an oral hearing. This lets you explain your reasons directly to the person making the decision.

Your employer

Your employer decides if they'll take part in your appeal. If they are, they may ask the WSIB for a copy of your medical records. The WSIB asks whether you agree to this or not. If you do not agree, they ask you why.

Then, the WSIB decides whether or not they'll give your medical information to your employer.

If you have an oral hearing

If the WSIB decides to have an oral hearing, it will usually happen within 3 months of when you sent in your Appeal Readiness Form.

The WSIB sends you a Notice of Hearing with information about your hearing.

To prepare for your WSIB hearing, read the WSIB's Appeals: The oral hearing.

You can also watch the WSIB's video What to expect at an oral hearing.