There is nothing more discouraging than finding out you either lost a case, or you received significantly less than you were hoping for in a settlement. As lawyers, this is something we run into frequently when dealing with clients who come to us looking for advice after choosing to represent him or herself initially in a hearing or court. These individuals knew that they were in the right, and because of this they assumed they would receive fair compensation for their ailments; however, this is often not the case. You see, in the court of law and in the Workplace Safety and Insurance Board (WSIB) hearings, it is not simply a matter of being right or honest – you have to prove it. You have to be able to prove that your facts are true and verifiable.
Let me paint you a picture: an individual, let’s call him Jerry, endures a few minor injuries as a result of his work or workplace environment. These injuries might not affect Jerry for the rest of his life, but he’ll be out of the workplace for at least a couple weeks. Jerry thinks that because his Ontario employer is insured with the WSIB, his claim will be easy – just like filing a claim with his regular health care provider. He manages to fill out the forms that need to be filled, and submits them to the WSIB before their deadline.
He then goes to the hearing and this is where everything begins to go wrong – Jerry simply doesn’t have the evidence or know-how to back up his claims. His employer has decided he doesn’t want to take the responsibility for the injury and is now denying that anything happened at all. His employer has paid off other employees to support him in this case, and falsifies evidence. Jerry leaves the hearing with next to no compensation for his injuries and time away from work simply because he wasn’t prepared enough.
Now let’s look at another scenario we see often. Meet Sally, a woman who was injured quite severely on the job. Sally is very sick and is on a lot of medication for her injuries, causing her to frequently become confused and tired. Her sister is trying to help Sally with her WSIB claim, but is busy herself and isn’t quite sure how to fill out all the forms properly. She ends up filing incorrectly and late, missing Sally’s deadline by several days. Sally’s case is thrown out and she is left with nothing.
If Jerry or Sally had had legal representation on their side like the professionals at our firm, Goodman Elbassiouni LLP, they wouldn’t have gotten themselves into these scenarios to begin with. We would have compiled a solid set of evidence and witness statements to prove the truth of the incident, and would have filed all forms correctly and in a timely manner. If you find yourself in a similar state as Jerry, thankfully you are still allowed to file an appeal, so if you receive unfavourable results the first time it is not too late. Sally too might be able to still file her claim, if you can prove that there were exceptional circumstances preventing her from doing it. Contact our offices today if you became injured or sick from your work, especially if you find yourself in a similar position as Sally or Jerry, so that we can build a case for you as soon as possible.
