Mann Law is an experienced GTA based law firm providing legal assistance and representation for Immigration, Corporate, Criminal, Family, Employment Law.

Resources

We have provided some useful links that may be of assistance to you. In addition, please feel free to contact any of our legal team to discuss your specific matter and learn more about how we can help.

Employment Law

Can I appeal my Employment Insurance decision?

If your EI claim is denied because you quit, were fired or applied late, our team can help you appeal the decision.

Can I appeal the decision of my WSIB claim?

The time limits for appeals will be explained in your WSIB letter. If you are not satisfied with the decision, we can handle the case to discuss your options.

Can I take emergency or family medical leave?

If the company has more than 50 employees, you may take unpaid emergency leave for up to 10 days. Family Medical Leave is unpaid leave up to 8 weeks in a 26-week period to provide care to a family member when there is a significant risk of death.

Can I work while on Employment Insurance?

You can earn $50 or 25% of your weekly benefits (whichever is higher), without changing the amount of benefits you will receive for that week.

 

How do I file a benefits claim?
  1. Ask your doctor to fill out the Functional Abilities Form.
  2. Fill out a Worker’s Report of Injury/Disease Form (Form 6).

You have up to 6 months to file a WSIB claim but it will be more beneficial to file it immediately after being injured or becoming aware of the injury. 

How do I qualify for Employment Insurance (EI)?

If you are in the work force for the first time or re-entering after 2 years, you must have worked a minimum of 910 hours to qualify for benefits. If you are not in the above category, you need between 420 and 700 hours, depending on the unemployment rate in your region. Currently it is 630 hours in the Greater Toronto Area.

How much Employment Insurance will I receive?

The basic benefit is 55% of your last average weekly insurable earnings, up to a maximum of $413 per week.

What benefits can I receive from a WSIB claim?
  • Benefit for Loss of Earnings
  • Benefit for Non-Economic Loss
  • Loss of Retirement Income Benefit
  • Benefit for Future Economic Loss
  • Health Care Benefits
  • The Occupational Disease and Survivor Benefits Program
  • Benefits for Seriously Injured Workers
      If you cannot work, you can apply for Disability Insurance and EI (if eligible) while waiting for the WSIB decision.
What if I am fired or laid off?

If your employment was terminated for more than 13 weeks, your employer must give you advance written notice OR pay your normal wages for a specified time depending on your length of employment. If you are fired because of your own misconduct, your employer does not have to give you notice. Your employer’s reasons for firing you might not be legally valid. If you think your employer was wrong to fire you with or without notice or you believe you should be paid for a longer period, our firm will review these concerns and advise you on your options.

What is the minimum wage?

To see the latest wage rate click here.

What is the Ontario Human Rights Code?

According to section 5(1), every worker has a right to equal treatment with respect to employment without discrimination based on race, colour, ethnic origin, age or discrimination. If you think your employer has violated your human rights, our team will advise you on courses of action.

What other benefits can I receive as part of Employment Insurance?
  • Sickness – up to 15 weeks per year
  • Maternity – up to 15 weeks per year
  • Parental – up to 35 weeks shared between the mother and father
  • To qualify, you must have worked 600 hours in the last 52 weeks
When can I make a WSIB claim?

You can make a WSIB claim if you suffer a work-related injury that causes you to get health care, lose time from work, or lose wages.

 

When do I get paid overtime?

In most jobs, you will be paid overtime (1.5 x hourly wage) when you work more than 44 hours a week.

Where can I obtain more information on employment rights in Ontario?
Human Resources and Skills Development (HRDC)
http://www.rhdcc-hrsdc.gc.ca/
1.800.206.7218
Ministry of Labour
416.326.7770
1.800.531.5551
http://www.labour.gov.on.ca/
Ontario Human Rights Commission
416.326.9511
1.800.387.9080
www.ohrc.on.ca
Workplace Safety Insurance Board (WSIB)
416.344.1007
1.800.387.0080
www.wsib.on.ca

Litigation and Dispute Resolution

What benefits am I entitled to after a car accident?

Income Replacement Benefit

  • You must have been employed at the time of the accident OR you were previously employed for 26 weeks during the 52 weeks prior to the accident.
  • You will earn 80% of your net income, to a maximum of $400 per week.
  • The benefit is paid for the first 104 weeks of disability unless you are suffering a complete inability to engage in any employment.

Non-Earner Benefit

  • You must suffer a complete inability to carry on a normal life within 104 weeks after the accident and you are unemployed.
  • A student will earn $185 per week during the first 104 weeks and $320 per week thereafter. All others will continue to earn $185 per week
  • Payments start 6 months after the accident.

Caregiver Benefit

  • You must have been the primary caregiver and living with a person who was in need of care at the time of the accident and you were not paid for your services.
  • You will earn $250 per week.

Medical and Rehabilitation Benefits

  • Your insurer must pay for a wide range of your medical and rehabilitation expenses to a maximum of:
  • $100,000 for up to 10 years.
  • $1,000,000 for life if you suffer a permanent impairment.

Attendant care benefits

  • Are available for reasonable and necessary services provided by an aide or attendant to a maximum of:
  • $3,000 per month for up to 2 years
  • $6,000 per month for life if you suffer a permanent impairment.

Death and funeral benefits

  • If you died as a result of the accident or because of disabilities associated with it, the insurer must pay:
    • $25,000 to your spouse.
    • $10,000 to each of your dependants.
    • $10,000 to each former spouse that you were obligated to support under a court order or domestic contract.
    • $10,000 to a person that you were dependent upon.
  • Your family will also be entitled to a maximum of $6,000 for funeral expenses.

Education benefits

  • You are entitled to a maximum of $15,000 if you were enrolled in school at time of accident and cannot continue.

Housekeeping and home maintenance

  • If you cannot perform housekeeping and home maintenance, then you are entitled to a maximum of $100 per week for up to 104 weeks if your injury is not permanent.

If you have purchased additional coverage with your insurance, these limits may be exceeded. Your insurance company will want to give you as little as possible under your insurance policy. They may tell you that you are not entitled to certain benefits or they might pay less than you feel you deserve. If you believe your insurer is wrong, Mann Law will support you to get you the benefits to which you are legally entitled.

What can I make a claim for?

Income loss and loss of earning Capacity

  • There is no recovery for income loss suffered in the first 7 days of the accident.
  • Your loss more than 7 days after the accident but before the trial is restricted to 80% of your after-tax income.
  • Future income loss will be 100% of your before-tax income.

Housekeeping and home maintenance

  • You may be able to recover these expenses from the at-fault driver if your insurance company has not given you enough.

Health care expenses

  • You can sue for medical expenses that are not covered by OHIP or your insurance plan if your injury has met the ‘threshold’ requirement.
  • The entitlement will be reduced by a $30,000 deductible.

Claims made by family members

  • If a person is injured or killed in an accident and was entitled to recover damages from the at-fault driver, certain family members may be entitled to sue the at-fault driver.
  • There is a $15,000 deductible.

Pain and suffering

  • To be entitled your injury must have met the ‘threshold’ requirement.
  • The entitlement will be reduced by a $30,000 deductible.

Loss of financial support

  • If you die in the accident your family may claim loss of financial support that will be based on your pre-accident income level.
What is Tort Claim?

If another driver caused the accident, you may be able to make a claim against them. You must start the action within 2 years of the accident.

What steps must I follow if I am involved in a motor vehicle accident?
  • Call 911 for police assistance.
  • Collect the following information about the accident:
  • Names, addresses, telephone numbers and insurance data of those involved, including other drivers, passengers and witnesses.
  • Driver’s license number, insurance company and policy number of other drivers.
  • Vehicle make and model, and license plate number of other involved vehicles.
  • Name, department and badge numbers of responding police officers and a copy of the police report.
  • Don’t sign anything except a ticket, citation or report issued by the police. Signing other documents may jeopardize your rights.
  • Inform your insurance company.
What steps must I go through before I can start an action?
  • Apply for accident benefits from your insurer within 7 days of the accident.
  • Serve written notice of your intention to sue within 120 days of the accident.
  • Undergo medical examinations within 90 days if the at-fault driver requests them.
What steps must I go through to claim accident benefits?
  • Notify your insurer within 7 days after the accident.
  • Complete the application forms that your insurer sends you within 30 days.
  • If your insurer requests it, you must provide the following information within 14 days:
    • Medical records.
    • A sworn statement as to the events of the accident.
  • If your insurer requires, you must:
    • Submit a disability certificate within 21 days.
    • Attend a medical examination.
    • Attend an examination under oath where your insurer will ask you questions. It is strongly recommended that your lawyer represent you at the meeting.
  • If your benefit is denied, you may be required to attend a Designated Assessment Centre (DAC) for additional medical examinations
  • If you wish to dispute your insurer’s benefit decision, there is a dispute resolution process that you must go through.

The insurance process can be complicated and includes specific time limits that must be met. During your consultation with Mann Law, we will help you to fill out the insurance forms and make sure they are submitted on time so that your benefits are not delayed or denied.

Who’s my insurer?
      For a condition to be effective there are a number of elements required: Your benefits insurer is the first one in the list that applies to you:
    • The insurer of your vehicle.
    • The insurer of the vehicle in which you were injured.
    • The insurer of any other vehicle that was involved in the accident.
    • The Motor Vehicle Accident Claims Fund.