WORKPLACE SAFETY & INSURANCE BOARD (WSIB)

WSIB was established in Ontario to protect employees who suffer from injuries at their workplace. The WSIB is a no fault system and will provide the worker with benefits even if the accident was the worker’s or the employer’s fault.

If your employer is covered by the Workplace Safety and Insurance Act, you can make a claim for benefits. The claim must be made within 6 months of the accident.

There are numerous benefits which you may be entitled to such as:
  • Loss of Earnings (LOE) benefits;
  • Non Economic Loss (NEL) benefits;
  • Future Economic Loss (FEL) benefits or continue LOE benefits;
  • Initial Entitlement benefits;
  • Un-employable benefits;
  • Psycho Traumatic Disabilities benefits;
  • Chronic Pain Disability benefits; or
  • Occupational Disease Claims


Loss of Earnings Benefit (LOE)

A worker is entitled to this benefit if the worker suffered a loss of income due to a workplace injury which may be physical and/or mental. The extent and nature of the loss of earnings benefit will depend on the date of the workplace injury.

  • Before January 1st, 1990 :             75% of your gross average earnings plus cost of living
  • From January 1st, 1990-1998 :       90% of your net average earnings
  • After January 1st, 1998 :               85% of your net average earnings


Non Economic Loss Benefit (NEL)

A worker is entitled to this benefit if a worker suffers from a physcial, functional and/or a psychological loss which results in a permanent impairment. To determine if you have a permanent impairment, a NEL assessment is conducted by an independent medical assessor.

Health Care Benefit

A worker may be entitled to physiotherapy, chiropractic treatments, nursing care, wheelchairs, TENS units, attendant care, and/or home modifications as long as they are recommended by your physician to treat your injury.

The WSIB will pay for pre-approved prescription medication as long as they are provided with original prescriptions and receipts.

Labour Market Re-Entry Program (LMR) now called Work Transition Services (WTS)

An injured worker may not be able to return to work in their original employment due to the severity of the injury. If the employer is unable to arrange suitable or modified work and is unable to re-employ you for the above reasons, you may be eligible for an LMR or WTS. An LMR assessment will occur and based on those findings, the WSIB will decide whether a plan to return to work is warranted. If the worker disagrees with the suggested LMR plan, the worker may appeal.

We deal with WSIB claims through all stages of the process. Please call 905-799-0025 for a FREE evaluation of your case.

Call us today at 905-799-0025 for a free consultation