Disputes and Dispute Resolution

Throughout the Workers’ Compensation process, disagreements may arise over a range of issues. Some of these issues may include:  

• Rejected claims 

• Payment of benefits 

• Delays in treatment and medical expenses 

• Return-to-work issues 

• Workplace adjustments 

• Medical recommendations 

Under the Workers Compensation Act (1951) you are allowed to request for conciliation and arbitration as part of the process to resolve disputes.  

Conciliation 

Conciliation is the first step of the dispute resolution process. It can be requested by the worker or the employer. An independent conciliator will be appointed and then sets a time and place for the conciliation, and will advise each party involved in writing about the time and place. Each party involved is obliged to attend the conciliation and make a genuine effort to engage in the process to resolve the issue.  

Arbitration 

If conciliation is unsuccessful at resolving the workers’ compensation dispute, any party can file an application for arbitration. This is done at the cost of the party filing, and the insurer will not be liable for costs associated with arbitration, such as legal costs.