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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
[email protected]

contact
Phone: +1 416-875-2235
Fax: 416-363-7358
contact
Phone: +1 416-875-2235
Fax: 416-363-7358
Clear Filters
Ryan J. Conlin
Ryan J. Conlin

Partner

Haadi Malik
Haadi Malik

Associate

Jeffrey D. A. Murray
Jeffrey D. A. Murray

Partner

Jeremy D. Schwartz
Jeremy D. Schwartz

Partner

Allison L. Taylor
Allison L. Taylor

Counsel

Landon P. Young
Landon P. Young

Managing Partner