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Instructions and Help about Canada WSIB 7
Hi I'm David Himmelfarb managing partnerHimmelfarb rozanski and today I've beenasked to put together a presentation foryou all and it's in relation to a guideto provide you with knowledge practicalknowledge on WSIB claims appeals and theelecting out process that the is at theWS IV there's a few objectives that wehave today to increase your practicalknowledge of WS IV claims the appeals inthe electing out obviously to ensurethat WSIB patients receive care andcompensation that they rightly deserveand a challenge each and every one ofyou in this room to think about someonethat you know who can benefit from thispresentation so first and foremost whatis the WSIB which is known as thepreviously known as the workerscompensation board well the workerscompensation board the WSIBit oversees employment safety educationand training provides compensation andbenefits to eligible claimants that areinjured on the job and provides anexclusive adjudication system for allclaims in an appeal process for bothworkers and employers the system itselfhas been set up since about the 1920swhen we went into a no-fault system ofcompensation for any accidents thatoccurred in the workplace and inexchange for the right to sue any workerwho is involved in an accidentregardless of fault is entitled toworkers compensation benefits who iseligible for WSIB benefits first of allyou actually have to be covered by theAct in order to be eligible for WSIBbenefits so you must suffer an injuryand itbe a work-related accident in order foryou to be covered by the actthe legislation that applies is theworkplace safety and Insurance Act andsection 13.1 of the Act sets out that aworker who sustains a personal injury byan accident arising out of or in thecourse of his or her employment isentitled to benefits under the insuranceplan there's two types of workers underthe legislation there they've they'vedivided workers up into two schedulesschedule one and schedule to scheduleone are basically all types ofindustries divided into nine subclassesthese are all types of industries thatwe know of manufacturing transportationetc a schedule 2 these are injurieswhich are self-insured so that meansthat they actually pay out the claimthemselves and they're generallygovernmental in nature and we'll getinto the distinction between the twoschedules shortly so in terms ofschedule 1 we've got Forest Productsmining and related industries otherprimary industries manufacturingtransportation and storage retail andwholesale trades construction governmentrelated services and other servicesschedule 2 railways telephone companiesTelegraph companies navigation companiesinternational bridges provincialgovernments Airlinesmunicipalities public library boardspolice villages and school boards so ifyou're under either of those schedulesif you work as a worker under anindustry covered under schedule 1 or anindustry covered under schedule 2 andyou're injured while working you have anaccident related a work-related accidentinjurythen you are promised a sea covered bythe act and you're entitled to thecompensation under that act what alsohappens is that you are not entitled tosue your employer or your coworker forcausing your injury as a result of youraccident the Act the WSIB actually takesthat away from you and we'll get into ina little more detail how to elect out ofthe WSI be in certain situations so wejust covered the schedules schedules 1.