Do I have to go through the WSIB first?

Yes. WSIAT only hears appeals of final WSIB decisions, so the internal reconsideration is a prerequisite.

What is the appeal deadline?

There is a statutory period running from the WSIB's final decision. Missing it can end the appeal, so diarize it immediately.

Can I get free representation?

The Office of the Worker Adviser represents non-unionized workers at no cost, and legal clinics also assist. Unionized workers are typically represented by their union.

What is a right-to-sue application?

An application asking WSIAT to determine whether the Act removes your right to sue someone over a work-related injury. It is often decisive for a parallel civil claim.

WSIAT Ontario — Appealing a WSIB Decision

What it does

Hears appeals of final WSIB decisions
Decides entitlement, benefit level and return-to-work appeals
Rules on whether the right to sue is taken away by the Act

Matters it hears

Initial and ongoing entitlement appeals
Permanent impairment and loss of earnings disputes
Occupational disease and mental stress appeals
Right-to-sue applications

Appeals & review

Appeals generally go to Divisional Court (Ontario).

WSIAT decisions are final. Judicial review in the Divisional Court is available only on limited grounds such as unreasonableness or procedural unfairness.

Appeal and review deadlines are short and strictly applied. Treat the decision date as the start of a clock.

Frequently Asked Questions

Do I have to go through the WSIB first?: Yes. WSIAT only hears appeals of final WSIB decisions, so the internal reconsideration is a prerequisite.
What is the appeal deadline?: There is a statutory period running from the WSIB's final decision. Missing it can end the appeal, so diarize it immediately.
Can I get free representation?: The Office of the Worker Adviser represents non-unionized workers at no cost, and legal clinics also assist. Unionized workers are typically represented by their union.
What is a right-to-sue application?: An application asking WSIAT to determine whether the Act removes your right to sue someone over a work-related injury. It is often decisive for a parallel civil claim.

Get matched with a lawyer

Tell us about your situation and we'll connect you with verified firms that handle it. It's free and there's no obligation.

General information about jurisdiction and process, not legal advice. LegalCounselNearMe is not a law firm and is not affiliated with Workplace Safety and Insurance Appeals Tribunal (WSIAT). Procedures, forms and fees change — the official site is authoritative.