Best Lawyers for Workers' Compensation Law in Canada

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Practice Area Definition

Workers' Compensation Law Definition

Workers' Compensation Law covers many different facets. First, important distinctions result from whether an attorney is acting for workers or for employers.

When a Workers' Compensation Board denies workers indemnities to which they feel entitled, they will often seek the assistance of an experienced attorney to represent them and lead them through the often daunting medical and legal procedures involved in defending their rights.  

Other times, it may be the employer who contests the favorable decision rendered by the Workers' Compensation Board in favour of the employee. The workers attorney will then help the worker prepare his defense, obtain the appropriate medical examinations and experts’ reports to defend his position and generally plead the worker’s case and ensure Legal Representation before the relevant Courts/Administrative Tribunals. 

Attorneys representing management help employers manage the rather more numerous aspects of their Workers' Compensation-related obligations:

  • Proper management of an employer’s financial file involves controlling the following aspects:
    • Proper and timely registration of the employer (to avoid late filing penalties)
    • Proper classification of the employer’s activities (to ensure the lowest possible assessment rate/optimal rating plan)
    • Proper declaration of insurable wages (to ensure only the necessary amounts are declared in the correct employer file)
    • Review of the yearly or periodic classification and assessment notices to ensure only proper rating and assessments are levied
    • Review of the employer’s claim cost statements to ensure:
      • only appropriate claim costs are used to determine the employer’s favorable or unfavorable experience rating
      • to determine whether any cost reduction possibilities may exist
      • Cost sharing/cost relief requests
    • Legal Representation before the relevant Courts/Administrative Tribunals concerning all of the above 
  • Proper management of an employer’s Occupational Health and Safety (OHS) prevention activities involves covering the following aspects:
    • Proper information as the statutory and regulatory obligations which apply to the employer’s activities
    • Creation of proper, complete, and compliant occupational safety measures and programs
    • Execution of same, regular follow ups and periodical audits
    • Documentation of the whole so as to:
      • prevent workplace injuries
      • ensure compliance with all applicable statutory and regulatory obligations
      • constitute evidence of the employer’s “due diligence” in the event of penal prosecutions
    • Legal Representation before the relevant Courts/Administrative Tribunals concerning all of the above 
  • Proper management of an employer’s Claims Management activities involves covering the following aspects:
    • Proper post-injury investigation (to determine veracity, cause and effect, identify need for prevention or opposition)
    • Proper injury declaration with or without opposition/contestation
    • Proper medico-administrative management
      • Independent Medical Examinations to control
        • Diagnosis
        • Relation to workplace conditions or accident/event as declared (relation)
        • Appropriateness/sufficiency of treatment
        • Duration/evolution of incapacity
        • Functional limitations and fitness for Temporary light duty assignment
        • Maximum medical recovery
        • Permanent disability and Functional limitations/impairment (degree, relation)
        • Fitness for return to pre-injury or adapted employment
      • Filing and Management of Oppositions/contestations concerning all of the above
      • Legal Representation before the relevant Courts/Administrative Tribunals concerning all of the above
Workers' Compensation Law covers many different facets. First, important distinctions result from whether an attorney is acting for workers or for employers.

When a Workers' Compensation Board denies workers indemnities to which they feel entitled, they will often seek the assistance of an experienced attorney to represent them and lead them through the often daunting medical and legal procedures involved in defending their rights.  

Other times, it may be the employer who contests the favorable decision rendered by the Workers' Compensation Board in favour of the employee. The workers attorney will then help the worker prepare his defense, obtain the appropriate medical examinations and experts’ reports to defend his position and generally plead the worker’s case and ensure Legal Representation before the relevant Courts/Administrative Tribunals. 

Attorneys representing management help employers manage the rather more numerous aspects of their Workers' Compensation-related obligations:

  • Proper management of an employer’s financial file involves controlling the following aspects:
    • Proper and timely registration of the employer (to avoid late filing penalties)
    • Proper classification of the employer’s activities (to ensure the lowest possible assessment rate/optimal rating plan)
    • Proper declaration of insurable wages (to ensure only the necessary amounts are declared in the correct employer file)
    • Review of the yearly or periodic classification and assessment notices to ensure only proper rating and assessments are levied
    • Review of the employer’s claim cost statements to ensure:
      • only appropriate claim costs are used to determine the employer’s favorable or unfavorable experience rating
      • to determine whether any cost reduction possibilities may exist
      • Cost sharing/cost relief requests
    • Legal Representation before the relevant Courts/Administrative Tribunals concerning all of the above 
  • Proper management of an employer’s Occupational Health and Safety (OHS) prevention activities involves covering the following aspects:
    • Proper information as the statutory and regulatory obligations which apply to the employer’s activities
    • Creation of proper, complete, and compliant occupational safety measures and programs
    • Execution of same, regular follow ups and periodical audits
    • Documentation of the whole so as to:
      • prevent workplace injuries
      • ensure compliance with all applicable statutory and regulatory obligations
      • constitute evidence of the employer’s “due diligence” in the event of penal prosecutions
    • Legal Representation before the relevant Courts/Administrative Tribunals concerning all of the above 
  • Proper management of an employer’s Claims Management activities involves covering the following aspects:
    • Proper post-injury investigation (to determine veracity, cause and effect, identify need for prevention or opposition)
    • Proper injury declaration with or without opposition/contestation
    • Proper medico-administrative management
      • Independent Medical Examinations to control
        • Diagnosis
        • Relation to workplace conditions or accident/event as declared (relation)
        • Appropriateness/sufficiency of treatment
        • Duration/evolution of incapacity
        • Functional limitations and fitness for Temporary light duty assignment
        • Maximum medical recovery
        • Permanent disability and Functional limitations/impairment (degree, relation)
        • Fitness for return to pre-injury or adapted employment
      • Filing and Management of Oppositions/contestations concerning all of the above
      • Legal Representation before the relevant Courts/Administrative Tribunals concerning all of the above