We are honoured to hold the
distinction of being one of
only ten lawyers in Ontario
certified by the Law Society
of Upper Canada as a
Specialist in Workplace
Safety & Insurance Law
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We handle Workers Compensation, WSIB, WSIAT, (OHSA) Occupational Health and Safety & Canada Pension Plan (CPP) Appeals for all types of benefits including:
We also provide representation at return to work mediations.
If you or your loved one has experienced a work related injury and want a Workplace Safety & Insurance Lawyer Specialist to evaluate the WSIB benefits you may be entitled to. Please Call 416-537-0108 for your FREE Case Evaluation.

Fink & Bornstein has provided straight forward no nonsense Workplace Safety and Insurance Board advice, Labour and Employment advice to Workers and Employers for over 30 years. We understand that Employees and Employers want a Law Firm that listens, lays the goods on the table, and delivers at a reasonable cost. We take great pride in the results we have brought our clients over the years. The secret to our success is in; our focus, our achievements, and most of all our team.

If you have been injured at work, or developed a medical condition from work, there is some basic information you need to know.

The most important is to immediately report the incident to your employer and the WSIB and get medical treatment as soon as possible. There are strict time limits for filing a claim with the WSIB and the longer you delay, the more likely you will be denied WSIB benefits.


On July 19, 2018 the Ontario Superior Court of Justice granted Pletro Castrillo leave to discontinue his proposed class action against the Workplace Safety and Insurance Board (the "WSIB").

Mr. Castrillo's action alleged that the WSIB has improperly reduced Non-Economic LOSS ("NEL") benefits payable to injured workers on account of their permanent impairment. Specifically, the action alleged that the WSIB improperly reduced NEL benefits to injured workers whose post-accident impairment was worsened by a pre-existing condition that had been asymptomatic before the accident.

Mr. Castrillo sought leave to discontinue his action after the WSIB announced that it would clarify its policy on the reduction of NEL benefits on account of pre-existing conditions, and further, that it would review cases in which this had occurred to determine whether injured workers were due additional compensation.

Mr. Castrillo's action sought to recover the legal costs that Mr. Castrillo incurred in appealing the WSIB's decision to reduce his NEL benefits. If you wish to assert a similar claim against the WSIB, the discontinuation of Mr. Castrillo's action may affect your rights. Mr. Castrillo is no longer seeking the certification of class proceeding, and the limitation period on the claims asserted in Mr. Castrillo's proposed class action will resume running on August 18, 2018. .

If you wish to assert a claim like Mr. Castrillo's against the WSIB, you should not delay in speaking to a lawyer to understand your rights.
Steps you should take following a workplace injury:
Report the injury to your employer.
Get immediate medical treatment and report it as a WSIB injury at an emergency room, a walk-in clinic or your family doctor.
Obtain the name, addresses and phone numbers of any witnesses.
Complete a Form 6.
Hire a lawyer. When hiring a representative be sure to ask if they are licensed by the Law Society!
Keep a journal of all your symptoms, medical appointments, tests and surgeries.
Maintain a list of all the medication you must take.
Keep in contact with your employer regarding modified duties. You have a duty to cooperate.
Keep a diary of the conversations you have with your employer and the WSIB.
If the accident employer doesn’t have modified work, look for work and keep a list of your efforts.
Cooperate with your employer and the WSIB.
Have all Functional Abilities Forms completed within 1 week.
Appeal all decisions within the time limits set out by the WSIB.

If you or your loved one has experienced a work related injury and want a Law Society of Upper Canada Certified Lawyer Specialist to evaluate the WSIB benefits you may be entitled to: Please Call 416-537-0108 for your FREE Case Evaluation.

WSIB Class Action Case
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