Should I hire a workers compensation attorney in Canada?

You don’t need to be a lawyer or hire workers compensation attorneys to appeal or manage a WCB claim in Canada. Especially if you are an employer that is dealing with workers compensation claims.

If you are a worker as defined by WCB in any province, there may be some benefit in hiring a workers comp attorney. This is because they are usually more involved with personal injury claims such as short term / long term disability and motor vehicle accidents.

In some provinces like Ontario, the Workplace Safety and Insurance Board (WSIB) requires that your representative be at least a paralegal in order to represent you, so not necessarily a workplace injury lawyer. Be sure to speak with whoever you’re thinking of representing you or your company when hiring.

Workers Comp Simplified consultants have represented employers all across Canada at for all WCB claims and levels of appeals.

Should You Hire a Workers Compensation Attorney?

Here’s what you’ll learn in this article:

• Hiring a WCB consultant vs a Workers Compensation Attorney
• What is the difference between a WCB Act and WCB policy?
• Do I need a workers compensation attorney to appeal my WCB claim?
• Can I fight WCB on my own?
• How much do workers compensation attorneys cost?

Hiring a WCB consultant vs. Workers Compensation attorneys

If you do a quick google search for workers comp lawyers, you will typically see websites for law firms that are based in the United States. This is because the WCB / WSIB / Worksafe system is different in America.

Because of this difference, it’s important to look at hiring a Workers Comp Attorney to deal with your claim in the united states.

However, in Canada, you may be better off hiring a WCB consultant like those found at Workers Comp Simplified. This is because a WCB consultant is versed in the Canadian WCB system and language of WCB in your province.

If you have a WCB claim that is the result of a motor vehicle accident involving another vehicle, it’s very likely you’ll have WCB lawyers involved.

For other claims, a consultant can do a fantastic job for you and as I mentioned are often a trusted referral for law firms.

This is because a WCB consultant will argue a claim based on WCB policies. Where workers compensation attorneys, or a workplace injury lawyer will often look at the WCB Act for that province.

What is the difference between a WCB Act and WCB policy?

A simple way of thinking about this is the province makes a law about workers compensation called the WCB Act.

The provincial WCB / WSIB / Worksafe look at the Act and create policies.

These policies are what are used in order for workers comp to make a decision on a claim.

While the Act does carry information that could be used in an appeal, the policy answers specific questions.

In my experience, I have become an expert in understanding and interpreting the WCB policies. In doing so, I have an understanding of how WCB will makes it’s decisions.

When you get to higher levels of appeals, the discussion will usually be around the interpretation of the WCB policies vs. the WCB Act.

Do I need a workers compensation attorney to appeal my WCB claim?

Not necessarily. In Canada I would recommend a WCB consultant to appeal your claim. In many cases, law firms will have partnerships with WCB consultants where they will refer clients as a value add to their law firm.

It is recommended that as an employer, you want to make sure you’re hiring a consultant that specializes in WCB representation for employers. Our firm focuses on the employer, but we do have colleagues we can refer workers to if needed.

So if you are a worker, be sure to hire a WCB consultant that specializes in representing workers.

The reason this is recommended is that there is a lot of different WCB policies. When you have a WCB consultant that specializes in WCB representation for employers, they are more likely to interpret or know other policies that can help you.

The same is true for worker representatives.

Can I fight WCB on my own?

Absolutely you can! The majority of appeals in Canada are done by you writing a letter to WCB telling them why you are appealing a decision and what you want WCB to do.

You do want some basic knowledge of the appeals process for your province. It’s usually similar across Canada.

TIP: Try to use phone calls for information gathering on “how” and “why” WCB made the decision they did.

Before you appeal a WCB claim, you do want to make sure you know a few things:

• What is the problem you are trying to fix?
• What do you want WCB to do after they read your letter?
• What evidence do you have to support your argument?

Read also: How to Win a WCB Appeal by Knowing the Rules

How much do workers compensation attorneys cost?

Each Workers Compensation lawyer or WCB consultant has different pricing. Instead of telling you a specific rate, it’s better to understand the structure.

A workers comp attorney or WCB consultant will normally charge you based on any one or combination of the following terms:

1. File review fees
2. Hourly rate
3. Percentage of money they actually get you
4. Miscellaneous fees like travel expenses

It’s important that you speak with whoever you’re thinking to represent you to fully understand how they are going to charge you for their services.

You don’t want to end up with a surprise bill after a WCB appeal.

You also want to ask WHEN you need to pay your representative. Some look for upfront retainers while others will not collect until they’ve won the appeal.

Let Workers Comp Simplified help you!

At Workers Comp Simplified we believe that when it comes to WCB appeals anyone can do it. As long as you have the right training or representation.

Which is why if you find yourself facing a WCB appeal and you’re thinking of hiring a workers compensation lawyer…call us first.

We will help you decide if this is something you can do on your own with some training or if you’re better being represented by us.

At the end of the day, you are what’s important and getting the right decision for your company. Regardless of your experience with WCB, we can teach to you appeal a WCB claim just like a workers comp simplified expert.

Click the contact an expert button right now to get started!