At IWAC, our team of experienced professionals can assist you in handling your disputes with the WSIB, and represent you through the appeals process at the WSIB and the Workplace Safety and Insurance Appeals Tribunal. Contact us today for a free and confidential consultation.

   Most industries and businesses in Ontario are covered by the Workplace Safety and Insurance Board (WSIB). WSIB works essentially as a no-fault insurance plan. Employers pay "premiums" each year into a fund that is used to pay benefits to workers who are hurt. It does not matter who is to blame for causing the injury - the benefits are the same. Ontario law regulates the workers' compensation system.

   The type and amount of benefits available is determined by the Ontario government law. The following is a brief description of what is available under the WSIB system:

   Health care benefits: if your require treatment because of your injury, the board will consider paying for it, based on the laws and its own policies.

   Loss of Earnings Benefits: if you are unable to do your own job, you are paid benefits based on a percentage of net your net income. You will receive full benefit entitlement if you are totally disabled from any job, or partially disabled (that is, you can't do your own job, and the employer is unable to provide you with work within your restrictions).

   You and your employer are expected to work together to get you back to work as soon as possible, including modified work if that is available.

   Labour Market Re-entry Plan (LMR): if your employer cannot accommodate you with a permanent job in keeping with your restrictions, the board will prepare a plan to determine the best way to return you to the workforce in a suitable position. If that involves retraining, the board will pay for same.

   Future Economic Loss (FEL award): if you are unable to return to your pre-accident job, this represents the difference between your normal full benefit level, and the amount of net income the board believes you could make in some alternative employment that they decide is within your capability. It is paid as a monthly amount, and is subject to further review if circumstances change. It normally continues until age 65, although the board does have a provision for a pension-like amount after that time.

   Non-Economic loss (NEL award): this is usually a one-time lump sum payment to reflect pain and suffering, and loss of enjoyment of life. However, it is calculated on a fairly arbitrary basis. The board provides you with a list of doctors from which you will choose one, and undergo an examination. The doctor will write a report reflecting the extent of your physical limitations, and the board will perform a calculation of your entitlement.