This is an insurance fund, paid into by Ontario businesses, that supports workers who have experienced work-related injuries or illness.

Workplace injuries include:

• Accidents (e.g., slip and falls, back injuries, etc.)

• Long term strains (e.g, injuries that develop over a prolonged period of time including repetitive strain injuries)

• Psychological conditions (e.g., post-traumatic stress disorder, anxiety disorders, etc. caused by workplace events and/or the nature of the work)

• Occupational diseases (e.g., exposure to chemicals, unhygienic conditions, or toxic substances that cause serious illness)

• Hearing loss

Typically, you cannot sue an employer in Ontario if you are insured by the WSIB. The Workplace Safety and Insurance Act limits the liability of employers in the province. This, however, can become more complicated if workplace injuries are caused by a third party’s negligence (e.g., another employee or a customer). *

• There are a range of benefits you may be entitled to through WSIB if you get injured or acquire an illness on the job.

• You can appeal a WSIB decision if you disagree with the decision made by your case manager.

  • First, you can appeal to the WSIB

  • If you are still dissatisfied, you can appeal to the Workplace Safety and Insurance Tribunal (final level of appeal). This tribunal is independent of the WSIB.

• You may be eligible for benefits for both physical and psychological injuries, so long as these injuries are the result of a work related incident. You may also be eligible for benefits if a workplace event resulted in additional trauma to a preexisting injury.

• If you experience a work related injury or illness, make sure to file a claim with WSIB. Your employer may try to convince you to take sick pay instead, but you should always make WSIB claims if you are injured at work

• First, report your injury to your supervisor as soon as it occurs or at the end of your shift at the very latest.

• You should file a claim as soon as possible. Claims must be filed within six months of the date of the injury/illness OR within six months of you becoming aware of the illness.

• You can file a claim by submitting a Form 6 – a Worker’s Report of Injury/Disease. You can get a copy of this form by calling WSIB or from their website.

• Your employer is also required to submit a report within three days of your injury and is required to provide you with a Form 7 – Employer’s Report of Injury/Disease.

Usually, a case manager at WSIB will make a decision on your claim.

LOSS OF EARNINGS (LOE) BENEFITS

• These are the benefits you receive from WSIB if they determine that you lost wages for any time after the day you were injured at work.

• If the date of injury occurred after January 1, 1998, then WSIB pays a maximum of 85% of the difference between the amount you earned before the injury (net) and the amount you earned after the injury.

• Notice that WSIB benefits kick in on the day following the day you were injured. Your employer is responsible for paying for the shift when you acquired the injury.

• You will receive your LOE benefits every two weeks, and your benefit will be reviewed every year until you reach the six-year mark. At the six-year mark, WSIB will review your claim and may make it permanent. Your benefits can still be reviewed after the six-year mark under certain circumstances.

• You will continue to receive this benefit until:

  • You’ve recovered from your work-related injury/illness to a point where you are able to work at the same level as you were able to pre-injury; or

  • You are no longer losing pay; or

  • The day you turn 65 if you were younger than 63 on the day of your injury; or

  • Two years after the day of your injury if you were 63 years or older on the day of your injury.

  • Once you age out of the LOE benefit, you may still be eligible for the loss of retirement income benefit.

HEALTHCARE BENEFITS

• These are benefits the WSIB provides to those in need of health care because of a workplace-related injury. In order to receive these benefits, the WSIB must approve the benefit first.

  • These WSIB benefits cover treatment required as a result of the workplace injury. The benefit may cover the following:

    • Prescription drugs

    • Psychotherapy

    • Physiotherapy

    • Massage therapy

    • Chiropractic treatment

    • Dental services

  • Keep in mind that WSIB may require you to pay for these treatments up front and receive a reimbursement.

LOSS OF RETIREMENT INCOME

• This benefit will provide you with retirement income you lost as a result of your injury and illness.

  • In order to be eligible for this benefit, you must be under 64 at the time of the injury or illness and have been the recipient of loss of earnings benefits in the last 12 months.

  • You will receive this benefit once you turn 65.

NON-ECONOMIC LOSS

• This is a benefit you may be entitled to if your work related injury or illness caused permanent loss (physical, functional or psychological).

  • You will only be entitled to this benefit if you have reached “maximum medical recovery” meaning that your physician has determined that you are unlikely to experience further improvements.

  • In order to receive this benefit, you will need to be assessed by a WSIB approved health care provider.

  • The amount you will be entitled to will be dependent on your age and the extent of the loss.

  • If you backslide after receiving a non-economic loss benefit, you can request a redetermination, which may result in a recalculation of your entitlement. There are risks related to requesting a redetermination, so you should consult a lawyer before making this request.

SURVIVOR BENEFITS

• Survivor benefits are available to the spouses or dependents of workers who have experienced a workplace injury or illness.

• Survivor benefits can be used to pay for funeral costs, counselling, and costs associated with workplace reentry.

• Yes. You can appeal a decision by submitting an Intent to Object form. The decision you receive from WSIB will include the submission deadline for the Intent to Object form.

• The deadline to submit an Intent to Object form can be anywhere from 30 days to six months.

So long as you work in a workplace which is required to have WSIB coverage, you will be entitled to claim worker’s compensation. This applies even if your employer has not registered for WSIB coverage.

The length of the claims process will depend on the severity of your injury. If your injury requires you to be out of work for years, then you will be in contact with a case manager for years.

Consider filing a human rights complaint if you believe you have experienced discrimination or harassment in the workplace. This includes discrimination and harassment experienced at the application stage, during job interviews and job ads that are written in a way that discriminates against a community.

"Discrimination" . . . means practices or attitudes that have, whether by design or impact, the effect of limiting an individual's or a group's right to the opportunities generally available because of attributed rather than actual characteristics . . . It is not a question of whether this discrimination is motivated by an intentional desire to obstruct someone's potential, or whether it is the accidental by-product of innocently motivated practices or systems. If the barrier is affecting certain groups in a disproportionately negative way, it is a signal that the practices that lead to this adverse impact may be discriminatory.” (Pg. 2 of the Abella Report).

DIRECT DISCRIMINATION:

• Discrimination on its “face” (i.e., obvious examples of discrimination)

  • Indirect Discrimination/ Adverse Effect:

• A rule or requirement that is neutral on its face, but that has an adverse effect on a group that is identified (e.g., mandatory hours of work rules may have disproportionate impacts on those with childcare obligations, medical accommodations, etc.)

• Comes up most often in cases involving disability

SYSTEMIC:

• Related to adverse effect.

• Patterns of behaviour, practice or policies that are part of the structure of an organization that has an effect on an equity-seeking group related to a Code-protected ground.

HARASSMENT

• Comments or actions based on an enumerated ground.

  • Unwelcome or should be known to be unwelcome.

  • Typically needs to be more than one incident, but one serious incident may be sufficient.

POISONED WORKPLACE

• Very similar to systemic discrimination.

• Where a workplace is so hostile, toxic, and/or unwelcoming due to the repetitive nature of insulting and degrading attitudes, behaviours, and actions. While one single event or incident may create a poisoned work environment in exceptional circumstances, it is more typically a series of events that creates the poison.

  • Discrimination does not need to be the sole cause of the action complained of (in this case the dismissal) it is enough if race was A FACTOR (doesn’t need to be the only factor) (E.g. Smith v. Mardana ONSC, 2005)

  • Except in very serious cases, stand-alone incidents are not enough. Looking for repeated and persistent behaviour in order to satisfy the poisoned work environment requirement (Crepe it Up) Under-inclusion can be discriminatory

The Code defines harassment as “engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome.”

Behaviour that is characterized by the making of unwelcome and inappropriate sexual remarks, conduct or physical advances.Item description

• If you believe you have experienced discrimination or harassment in the workplace, first determine whether your employer is federally regulated or a provincial employer. Federal employers include:

  • Federal government departments, agencies and Crown corporations (including the Canadian Forces and the RCMP)

  • Chartered banks

  • Airlines

  • Television and radio stations

  • Interprovincial communications and telephone companies

  • Interprovincial transportation companies

  • First Nations governments and some other First Nations organizations

• If your employer is Federally regulated, you should submit your complaint to the Canadian Human Rights Commission.

• If your employer is regulated by the province of Ontario, you should submit your complaint to the Ontario Human Rights Tribunal.