Workplace Safety and Insurance: How to Manage Claims and Cut Costs

Benefits of This Program:

  • Essentials for managing today's complex and expensive WSIB claims
  • Minimizing organization's lost time and cost in dealing with claims
  • Foundation to bolster competence and confidence in this challenging area

Learn:

  • How to Investigate accidents and report claims
  • How to deal with doctors
  • Develop and implement Early and Safe Return to Work including problems with:
    • Absent, ambiguous, and dubious medical information
    • Self imposed physical restrictions
    • Refusal to work scheduled hours
    • How to handle permanent disability, re-employment, and accommodation
    • How to conclude claims and manage legal hurdles to termination

Agenda

Investigating the Accident and Filing Form 7

  • What to do when an accident has occurred
  • Information the WSIB wants to see in deciding a claim
  • Rules of determining entitlement in a claim
  • Categories of a claim: specific accident, recurrences, disablement, occupational disease
  • Consequences of failing to file Form 7 or providing misleading information

Early and Safe Return-to-Work Plans (ESRTW Plans): How to Prepare them, What Goes In Them, How They Should be Documented

  • Putting together an ESRTW plan that complies with the employer's obligations under the WSIA and moves the claims process forward towards successful closure
  • What to include in an ESTRW plan and why: description of duties, time frames, signatures, and goal
  • Documenting the ESRTW plans, who should have input into its contents and who should receive copies
  • Employer techniques for enforcing rights in case of employee refusal to cooperate in the formulation of the ESRTW plan
  • Obligations on reporting: what should be reported and when

Typical ESRTW Plan Problems (Part I): Medical Information

  • Dealing with lack of medical information, vague or ambiguous medical information, conflicting medical information
  • WSIB vs. family doctor
  • Family doctor vs. the specialist
  • Doubtful medical information, exaggerated or unrelated medical opinions

Typical ESRTW Plan Problems (Part II): Worker Non-Cooperation

  • Addressing self-imposed, self-described physical restrictions that conflict with medical information
  • Dealing with ESRTW plan employee arriving late/leaving early/ refusing to work the hours scheduled
  • Worker-dedicated job descriptions and worker preferences
  • Failure to achieve goals set out in the plan

Permanency, Re-Employment, and Accommodation

  • Duration of the ESRTW plan
  • How and when to move the plan from one stage to the next
  • In the event of worker not recovering fully or failure to achieve goals set out in the plan

Four Types Of Closure (Part I)

  • Accommodating a permanently disabled employee with a job that's productive
  • Four ways to bring a claim to closure:
    • Worker returns to pre-accident job
    • Worker returns to work in another productive job that already exists
    • Worker's employment is terminated with benefits
    • Worker's employment is terminated without benefits
  • How to bring a claim to closure by keeping in mind this range of objectives

Four Types Of Closure (Part II): Legal Hurdles In Termination

  • Common law rules and frustrations of contract
  • Recognizing when incapacity justifies termination
  • Arbitration and incapacity: when labour arbitrators consider a termination justified
  • The Human Rights Code: how the "duty to accommodate" applies to claims management
  • Re-employment rights under the WSIA: application, plus NEER and other experience rating implications

Book an In-House or Remote Program

For further information on our training, please call your lawyer at the Firm. If you are not a current client, please contact:

Program Administrator
Tel: 416-862-1616 or 1-866-821-7306
info@stringerllp.com

 

  1. Event: 31st Annual Employers' Conference
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