How much will it cost to retain the services of Joyce Mitoma Paralegal Services?

What you pay will depend on the type(s) of service(s) you need. Payment for legal services can be made either on a:

Contingency basis, meaning you only pay if we win your case. The contingency fee is based on a percentage of the outcome (winnings) of your case,

Hourly rate for the time spent working on your case, or a

Flat fee for a specific service, for example, if you require a written legal letter only.

A retainer fee may be required if it is anticipated that there will be extraordinary costs associated with your case. These monies will be used to pay for disbursements and associated fees such as administrative filing fees, medical reports, expert opinions etc.

How long will it take to resolve my case?

There is no easy answer to this question as the WSIB will not render a formal decision until all of the required information is on file. It can take several weeks or months to see your health care professional and that medical report may be crucial in rendering a decision in your case. At times, the WSIB may render a partial decision, i.e., determine that you are suffering from a permanent disability/impairment and will make a formal ruling later respecting the quantum amount of that loss.

The bottom line is the earlier you begin the process, the faster the outcome will be for you.

Statutory Time Limits

Keep in mind that there are statutory time limits in place when initiating a claim with the WSIB. You have six months from the date you ought to have known you suffered from a work-related accident/injury/illness to file a claim with the WSIB. You have six months to appeal a formal decision of the WSIB (thirty days for return to work related objections). If you are unsure of how to file a claim or appeal a decision, we urge you to contact us as soon as possible so that these important deadlines are not missed.

Do you believe you contracted Covid-19 from work?

Evidence must show that your risk of contracting Covid-19 from work was greater than contracting it from the general public at large, i.e., that your work significantly contributed to your illness.

All Covid-19 claims received by the WSIB are adjudicated on a case-by-case basis taking into consideration the facts and circumstances, such as the person’s employment and non-work-related activities and whether they have a diagnosis/positive test or symptoms of Covid-19.

What is an Occupational Disease and how do I submit a claim for this?

An occupational disease is an illness caused by exposure to an occupational hazard, for example:

• Cancer

• Asthma

• Asbestosis and silicosis

• Inhalation of substances and fumes

• Noise-induced hearing loss

Ms. Mitoma can initiate an occupational disease claim, on your behalf, and will assist you in obtaining the proper treatment and/or services you may require for your illness and to improve your quality of life. These treatments/services may include prescription medications, wage loss replacement benefits and return-to-work services where possible.

What Constitutes Work-related Mental Stress?

A work-related mental stress injury is a psychological injury or illness caused by one or more substantial sources of stress at a person’s workplace or by one or more work-related traumatic events.

Mental stress caused by an employer’s management decisions or actions, such as termination, transfer, changes in working hours and/or in changes in productivity expectations are NOT considered a work-related mental stress injury.

Ms. Mitoma will help you to secure the benefits you are entitled to in order to treat your work-related mental stress injury which may include an initial psychological assessment, ongoing treatment, prescription medications, wage loss replacement or return-to-work services.

What are Survivors’ Benefits?

If you are a spouse or dependent of someone who died as a result of a workplace injury or illness, you should submit a claim for survivors' benefits. Ms. Mitoma will help you to initiate a claim and ensure you receive the benefits and/or services you are entitled to.

There are four types of survivors' benefits:

• Survivor payments: If your claim is allowed, the WSIB will pay spouses and/or dependent children a lump sum payment and a continuing monthly payment. The amount of these payments will be based on your age and the age of your children at the time of your spouse’s death and the amount of wages he or she earned.

• Funeral and transportation costs reasonably connected to burial or cremation. The WSIB may also pay for expenses to bring your family member home for burial.

• Bereavement counselling for spouses and children during the first year after your family member's death.

• Support for spouses wanting to rejoin the workforce. If you think you may need these services, you need to request it during the first year after your spouse's death,

What are my Return to Work Obligations?

You are responsible for working with your employer to identify suitable work opportunities. Suitable work is work that:

• is safe,

• is productive,

• is within your functional abilities, and

• matches your pre-injury pay as closely as possible.

Ms. Mitoma will assist you in your return to work efforts and help you to overcome any barriers or obstacles preventing you from returning to work.