EQUAL JUSTICE
COVID19 - During this evolving and challenging time, our Law Firm remains fully operational. We have taken measures to keep the public, our clients and our staff safe. Our lawyers and law clerks are working remotely and available to you, including matters arising from the current COVID 19 situation. We continue to take on new clients and assist our current clients. We are still here for you, and available to you by phone or email. We are in this together! Stay Safe.
We are honoured to hold the distinction of being ONE OF ONLY TEN LAWYERS in Ontario certified by the Law Society of Ontario (LSO) as a Specialist in Workplace Safety & Insurance Law (WSIB). We have over 40 years experience in Workplace Safety & Insurance Law
Fink & Bornstein has provided straight forward, no nonsense Workplace Safety and Insurance Board advice and Labour and Employment advice, to Workers and Employers for over 40 years.
We understand that Employees and Employers want a Law Firm that listens, is dedicated to the needs of the client, 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, our hard work, 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:
You need to immediately report the incident to your employer and the WSIB, as well as to 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.
We intend to regularly produce and publish videos which are educational, practical, and easy to follow directions on what to do in the event you are injured at work and need help with Workplace Safety and Insurance Board (WSIB).
Please regularly visit our website for new videos.
You find them all HERE.PLEASE CLICK to watch ...
Know your Rights as an Injured Worker ar an Employer. Select your category from the link below:
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WSIB (Work Place Safety & Insurance Board)
If an injury at work requires medical assistance, results in lost time from work or lost income, you may be entitled to file a claim for benefits with the Workplace Safety and Insurance Board (WSIB).
Fink & Bornstein has extensive experience in matters relating to the WSIB. please Call 416-537-0108 to learn about our FREE Case Evaluation. Our legal counsel will:
- Provide a legal opinion on your claim;
- Defend your interests, rights and responsibilities stemming from your injury;
- Help you receive the medical and financial support you are entitled to;
- Protect you from further injury at your workplace;
- Ensure your return to work, with proper accommodation.
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.
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If you are experiencing a Return to Work issue and want a Workplace Safety & Insurance Lawyer Specialist to evaluate this matter, please Call 416-537-0108 to learn about our FREE Case Evaluation.
WSIB has a new Return to Work Policy obligation for employers, the Work Reintegration Program (WR).
In November 2010 the WSIB announced new policies to compel Employers to return injured Workers to their former place of employment. These policies apply to all injured Workers no matter what their year of accident, or status in the Labour Market Re-entry Program. Penalties are one year's benefits, plus LMR costs, anywhere from $20,000.00-$70,000.00.
Our firm has specialized in the management of Return to Work obligations for 20 years. We can help you come to the most expedient resolution. Return to Work meetings are quasi judicial proceedings where determinations are made with many thousands of dollars of potential liability at stake.
Know your Rights as an Injured Worker ar an Employer. Select your category from the link below:
- Follow for details and more information for INJURED WORKERS
- Follow for details and more information for EMPLOYERS
If you are having problems with the Workplace Safety and Insurance Board (WSIB), you should call RICHARD A. FINK!
RICHARD A. FINK is recognized by Lexis Legal information as being the number one advocate (in appearances) at the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Richard A. Fink is a lawyer certified by the governing body of lawyers, (Law Society of Upper Canada) as a specialist. Richard has extensive experience with handling:
Workers Comp, WSIB, WSIAT, (OHSA) Occupational Health and Safety and Canada Pension Plan (CPP) Appeals for all types of benefits including:
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Every employer and employee wants to maintain a safe and healthy workplace. Employers, managers, supervisors, and ordinary workers have legal obligations under the OCCUPATIONAL HEALTH AND SAFETY LAW IN ONTARIO (OHSA) to do just that.
The OHSA has three basic aims:
*It sets out the legal duties of everyone in the workplace with respect to safety;
*It establishes requirements to deal with workplace hazards; and
*It creates an enforcement regime to ensure compliance with its rules and regulations.
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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:
- Loss of Earnings (LOE)
- Future Economic Loss Awards (FEL)
- Repetitive Strain Injuries
- Canada Pension Plan Appeals (CPP)
- Revenue Branch Appeals
- Special Investigations Bureau (SIB) Prosecutions
- Initial Entitlement
- Pension Appeals Board (PAB)
- Return to Work (RTW) Work Reintegration (WR)
- Unemployability
- Non-Economic Loss Awards (NEL)
- Labour Market Plans (LMR)
- Survivor Benefits
- Psycho Traumatic Disabilities
- Chronic Pain Claims
- Occupational Disease Claims
- Office of the Commissioner of Review Tribunal (OCRT)
- OHSA - Occupational Health and Safety
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On January 31, 2007, the Residential Tenancies Act, 2006 (the "RTA") replaced the Tenant Protection Act, 1997 (the "TPA"), the legislation that has governed landlord and tenant relations in the Province of Ontario for almost a decade.
Although landlords have always been subject to substantial financial exposure under residential tenancies laws in Ontario, the new RTA creates an even more complicated environment in which to operate. The provisions of the RTA will create additional hurdles for landlords in recovering capital expenditures through rent increases and will also require landlords to adopt rigorous property management procedures to avoid substantial liabilities associated with the RTA.
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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.
Our Law Firm handles matters on a partial contingency fee basis. We will charge a fee on the outset of taking your case and then our standard contingency fee is 20% plus H.S.T.. In more complex cases, we could charge a contingency fee of 30% plus H.S.T.. Disbursements, including taxes, are not covered by the contingency fee.
The highest amount we have ever charged for legal fees on a 20% contingency fee basis is $85,000.00, as we were successful in getting our client $425,000.00.
A-C | C-K | L-P | R-W |
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Ajax
Ancaster Aurora Barrie Beamsville Bolton Bowmanville Brampton Brantford Burlington Caledon Caledonia Cambridge Cayuga | Clarington
Dundas Georgetown Georgina Greater Toronto Area Grimsby GTA Guelph Hagersville Haldimand Halton Hills Hamilton Keswick Kitchener | Lincoln
Markham Milton Mississauga Newcastle Newmarket Niagara Falls Niagara-on-the-Lake Oakville Orangeville Orillia Oshawa Pickering Port Colborne | Richmond Hill
Southern Ontario St. Catherines Stoney Creek Stouffville Sutton Thorold Toronto Vaughn Vineland Waterloo Welland Whitby Whitchurch |