$725,000 Recovery for Brampton Warehouse Worker After a Denied WSIB Claim

The Injury

"R." (name protected) worked as a forklift operator at a large distribution centre in Bramalea. A hydraulic pallet jack with a known maintenance defect failed under load, crushing his right foot and wrenching his lower back as he tried to escape it. He underwent two surgeries and could not return to his physically-demanding job.

The WSIB Denial

R. filed a WSIB claim, as most injured workers do. Three months later, WSIB denied his loss-of-earnings benefits, citing a years-old back complaint as a "pre-existing condition." His income stopped. With a mortgage and two kids, he was weeks from real trouble when he called us.

Two Tracks at Once

We pursued two things in parallel:

1. The WSIB appeal. We obtained an orthopaedic surgeon's report and a functional capacity evaluation establishing that the acute crush injury — not his resolved old complaint — caused his disability. The denial was reversed and benefits reinstated, including retroactive pay.
2. A third-party lawsuit. This was the key. Because the pallet jack's maintenance was contracted to an outside company that had missed a documented service, R. could sue that third party in civil court — separate from the WSIB system. This is where the real money was.

Building the Third-Party Case

We preserved the defective equipment, obtained the maintenance contractor's service logs, and retained an engineering expert who confirmed the failure was preventable. The contractor's insurer initially denied liability. After examinations for discovery and the exchange of expert reports, their position weakened considerably.

The Settlement

The third-party claim settled for $725,000, covering R.'s past and future income loss beyond WSIB, pain and suffering, future care, and retraining for lighter work. Combined with his reinstated WSIB benefits, R. and his family were financially stable again.

What This Case Illustrates

1. A WSIB denial is not the end. Most denials based on "pre-existing condition" can be appealed with the right specialist evidence.
2. Many injured workers have a second claim they never knew about. When a third party (equipment maker, maintenance contractor, sub-contractor, driver) contributed to the injury, a civil lawsuit can run alongside WSIB.
3. Preserving evidence early is decisive. The defective pallet jack and the service logs made this case.
4. The third-party track is where larger recoveries live — WSIB benefits alone rarely reflect a serious injury's full cost.

Injured at Work in Brampton or the GTA?

If WSIB denied your claim, or if faulty equipment or a third party contributed to your workplace injury, you may have more options than you realize. Call (416) 252-9937 for a free consultation.