WSIB / Workplace InjuryFixed feeOccupational disease claims

WSIB claim — COVID-19 or infectious disease at work

Filing or appealing a WSIB claim for a COVID-19 or infectious disease at work: forms, medical evidence and objections.

A claim is usually due within six months of learning that the illness is linked to work; the WSIB sets its own decision times. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Building a work history of the exposures, with dates, employers and materials
  • Gathering the diagnosis and medical opinions on the cause
  • Checking whether a presumption or special policy applies, such as for firefighters
  • Completing and filing the claim, and following up with the WSIB
  • Preparing an objection if the claim is denied, where the service covers it

What is not included

  • Medical reports and opinions, records and other disbursements
  • Objections or WSIAT appeals, unless the service names them
  • A lawsuit against someone other than your employer, which is usually lawyer work
  • Medical treatment or vocational assessments
  • Attending a hearing when the service covers documents or advice only

Who this service is for

  • Workers diagnosed with a disease they believe came from their work
  • Firefighters and fire investigators with a listed cancer
  • Workers with hearing loss from noise at work

Information to have ready

  1. 1Your diagnosis and the names of your treating doctors
  2. 2A list of past employers, jobs and what you were exposed to
  3. 3Hearing tests, for hearing loss claims
  4. 4Any workplace testing or safety records you have

Frequently asked questions

How much does it cost?

The fee is $650 plus 13% HST ($734.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

What if I worked for several employers?

That is common in disease claims. We list the exposures at each job, and the WSIB looks at the whole work history.

What is the firefighter cancer presumption?

For eligible firefighters and fire investigators, Ontario law presumes that certain listed cancers are work-related if length-of-service and other conditions are met.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the WSIB and the WSIAT decide entitlement
  • WSIB deadlines are strict, and late objections may not be accepted
  • Medical evidence comes from your health providers, not from us
Law Society of Ontario — Barreau de l'Ontario
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