5 Steps to Consider to Object to a Compensation Claim

September 20, 2019

 

Your workplace has decided to object to a worker’s compensation claim. Need some help? Here are the five main steps you should consider prior to submitting your objection letter.

 

Be clear that you are objecting

  • Use the words “I am objecting to ….”

  • Outline that fact you are objecting in the first few lines of your letter 

 

Refer to the applicable compensation board policy

  • All compensation decisions are guided by policy 

  • Go to the compensation website for copies of policies

  • Quote the policy and how the claim does not meet the policy criteria, be very specific

 

Focus on the issues and leave out your emotions

  • State the facts and not what you think happened

  • When you don’t know or have no evidence of an issue – clearly state what you can and cannot verify

  • Provide concrete evidence such as witness statements, offers of modified duties, incident reports, measurements, photographs etc.

 

Is this a recurrence of a previous injury?

  • Consider the following – continuity of complaint/accommodations/medical

  • Ask if the new claim can be attributed to the previous claim for cost savings

 

Are you objecting to an action by the worker?

  • Since compensation is a no-fault system, having a claim denied on this basis is extremely rare

  • You will need to provide documented proof that the worker was aware of the policies/standards etc. and that they been coached/disciplined for prior offences

  • Consider coaching or discipline the worker for the unsafe action or behaviour rather than objecting to the claim

 

Remember that for the compensation board to make an informed decision, it is vital that you present all of the appropriate documentation, including a clear and concise letter of objection. If you need help or assistance, give us a call! We’re here to help!

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