4. Appeal to the WSIAT

After your appeal hearing with the Workplace Safety and Insurance Board (WSIB), the WSIB sends you their decision in a letter. This letter should tell you if their decision is a final decision. If it does not say this, contact the WSIB and ask them if it is.

If you still disagree with the WSIB's decision, you can appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). This is a complex process, so it's a good idea to get legal help.

To start your appeal, send WSIAT a Notice of Appeal for Workers.

You must do this within 6 months after the date of the WSIB's decision. You can send your Notice by e-file or by fax to 416-326-5164. You can also send it by mail or courier to:

Workplace Safety and Insurance Appeals Tribunal
505 University Avenue, 5^th Floor
Toronto, Ontario M5G 2P2

If you miss the deadline

If you send your Notice of Appeal in late, you could lose your right to appeal. But WSIAT might still allow you to appeal the WSIB decision.

If you send your Notice in late, WSIAT will reply with a letter asking you to apply for an extension of time.

You have one month to apply from the date of the letter. But you can ask WSIAT if you can have longer than one month.

To apply for an extension of time, send WSIAT:

• your completed Notice of Appeal for Workers
• a letter that explains why you could not appeal on time
• any documents you have that help explain why you could not appeal on time

For more information about asking for extra time, read WSIAT’s Practice Direction: Time Extension Applications.

If you miss the deadline, try to get legal help.