WSIB delay jeopardized migrant worker’s chance of staying in Canada

Complainant: Representative for migrant worker
Problem: Worker needed to disclose her finances on her immigration application, but had not received a decision on WSIB benefits.
Resolution: The worker received prompt action after the Commission became involved, and was able to meet her immigration application deadline.

WSIB decisions rendered – or not – can affect a worker’s life beyond the immediate claim. In this case, the delay in adjudicating a claim jeopardized a migrant worker’s chance of staying in Canada.

The worker’s representative contacted the Commission about the delay. Without the decision and related benefits, the worker appeared on paper to be less financially stable than she was, potentially weakening her immigration application. If she waited for the decision and benefits, she could have missed the immigration application deadline.

The WSIB had allowed her claim for a work-related injury. She went back to work on modified duties. When her contract ended, the WSIB approved job search training and attendance at a function and pain program. The WSIB noted that the worker would likely have a permanent impairment.

Following the Commission’s inquiry, the WSIB manager agreed there had been a delay, and directed the case manager to complete the decision letter within two days. The worker received the letter confirming her entitlement to benefits, received retroactive benefits, and met her immigration application deadline.