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The union representing workers at the Workplace Safety and Insurance Board (WSIB), began a legal strike action on May 22, 2025, following the failure of WSIB management to come to the table with any meaningful offer.

The union has been trying to get the employer to deliver a response on key issues around workload, wages, and union representation.

As the strike enters its 3rd week, the growing backlog of workplace injury claims continues to rise.

In an internal memo sent to WSIB staff over the weekend (June 7-8), senior management announced temporary adjudication changes to “help manage the volume of claims during the labour disruption.” These changes mean essentially all claims for physical injuries will be automatically allowed, including those with:

  • Delayed reporting or medical attention
  • Gradual onset injuries
  • Prior conditions
  • Employer objections

The memo admits the changes “increased risk” and that the WSIB expects more objections and reconsiderations in the future. It also states these measures will be “turned off once we’ve worked through the backlog.”

Prior to the strike, auto-adjudication was a feature utilized by the WSIB to process claims without any immediate concern. However, this blanket auto-adjudication of all physical injury claims is likely to upset employers, which will then backlog the appeals system.

What this means for employer clients: we can assist in the appeals process for claims that were incorrectly auto adjudicated because of this action.

What this means for worker clients: if you’ve been injured at work, now is the time to claim injury! We are also available to assist in defending an appeal initiated by your employer. Reach out to our team today at info@nelliganlaw.ca.

Author(s)

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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