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WSIB (Workers' Comp)
Legal Services for Injured Workers - Workers' Compensation Law
Injured workers often find themselves in precarious and vulnerable situations. Their lives may never be the same again. One would hope that in such a tragic situation, the worker would have full access to WSIB benefits and that would be the end of it. Unfortunately, workers may find that their injury was just the beginning of their pain and suffering and they must now begin a legal battle with the WSIB.
Dimeski Law proudly represents injured workers before the WSIB.
Dimeski Law proudly represents injured workers before the WSIB.
Overview of the WSIB
In Ontario, workers who are injured in the course of their employment may receive compensation through the Workplace Safety and Insurance Board (WSIB). In return, they cannot sue their employer for their injuries at civil court.
This is the so-called “historic trade-off.” It is a no-fault insurance scheme. Essentially, a worker or a worker’s survivors may receive benefits without having to prove that their employer was at fault for the workplace injury, occupational disease or death, and in exchange, employers are protected from being sued at civil court.
Note that not all workers are covered under this scheme as some professions are excluded. However, employers may choose to opt in.
A worker under the WSIB scheme also includes volunteers, students, learners and deemed workers. There is a six-month time limit to file a claim with the WSIB after the injury. The claim can be filed by a worker, the employer, or the doctor.
This is the so-called “historic trade-off.” It is a no-fault insurance scheme. Essentially, a worker or a worker’s survivors may receive benefits without having to prove that their employer was at fault for the workplace injury, occupational disease or death, and in exchange, employers are protected from being sued at civil court.
Note that not all workers are covered under this scheme as some professions are excluded. However, employers may choose to opt in.
A worker under the WSIB scheme also includes volunteers, students, learners and deemed workers. There is a six-month time limit to file a claim with the WSIB after the injury. The claim can be filed by a worker, the employer, or the doctor.
Types of Injuries
Accident: A single incident, such as breaking a bone after a slip and fall.
Disablement: An injury that is caused gradually over a period of time, such as repetitive strain injury from performing the same motion over and over again on the assembly line.
Psychological: Developing a psychological condition, such as depression or anxiety, due to workplace conditions or as a result of getting injured and being off work for a prolonged period.
Occupational Disease: Exposure to toxic chemicals in the workplace, such as developing lung cancer after being exposed to asbestos.
Hearing Loss: Developing a hearing loss, even a partial one, after being exposed to loud noises in the workplace.
Disablement: An injury that is caused gradually over a period of time, such as repetitive strain injury from performing the same motion over and over again on the assembly line.
Psychological: Developing a psychological condition, such as depression or anxiety, due to workplace conditions or as a result of getting injured and being off work for a prolonged period.
Occupational Disease: Exposure to toxic chemicals in the workplace, such as developing lung cancer after being exposed to asbestos.
Hearing Loss: Developing a hearing loss, even a partial one, after being exposed to loud noises in the workplace.
Types of Benefits Available
Lost Wages (Loss of Earnings): Can receive up to 85 per cent of your net earnings.
Employment Benefits: Employers are obligated to continue contributing to your benefits (health and pension) in the first year, if you also continue to contribute your portion.
Health Care: Coverage of the cost of treatment by doctors, prescription medication and assistive devices. There is also additional coverage for more serious injuries.
Non-Economic Loss: A lump-sum payment for any permanent effect of the workplace injury.
Re-Employment: Obligation of the employer to offer you work after an injury, in some situations.
Work Transition: Retraining offered for other work.
Retirement Benefits: Payable at 65 years as annuity, if a worker was already in receipt of Loss of Earnings for more than 12 consecutive months.
Employment Benefits: Employers are obligated to continue contributing to your benefits (health and pension) in the first year, if you also continue to contribute your portion.
Health Care: Coverage of the cost of treatment by doctors, prescription medication and assistive devices. There is also additional coverage for more serious injuries.
Non-Economic Loss: A lump-sum payment for any permanent effect of the workplace injury.
Re-Employment: Obligation of the employer to offer you work after an injury, in some situations.
Work Transition: Retraining offered for other work.
Retirement Benefits: Payable at 65 years as annuity, if a worker was already in receipt of Loss of Earnings for more than 12 consecutive months.