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Posted on May 09th, 2017 at 04:43 pm
The Workplace Safety and Insurance Act (WSIA) provides no-fault insurance for workers if they are unable to work due to a workplace related injury or illness.
Workplace Safety Insurance compensates workers for loss of wages and can also cover costs such as health benefits, rehabilitation treatments and prescription drugs.
The Workplace Safety and Insurance Board (WSIB) administers the program.
The Workplace Safety and Insurance Board (WSIB) is an independent agency of the Ministry of Labour in Ontario. WSIB is responsible for providing workers' compensation to Ontario workers and no-fault insurance for Ontario's employers. WSIB promotes workplace health and safety.
WSIB currently protects wages up to a maximum of $88,500 per year.
Benefits continue until you are no longer impaired by your work-related injury or illness, or until you no longer have a loss of earnings, or until you reach age 65.
If you are still impaired at age 65, LOE benefits stop, but loss of retirement income benefits may apply. If you are 63 years old or older at the time of injury, you can receive LOE benefits for up to two years as long as you have loss of earnings.
For employers, WSIB coverage means that if a work-related injury occurs, they generally don't need to worry about being sued by their covered workers.
For workers, it means they have exchanged the right to sue for the right to receive a secure source of compensation for a workplace injury or illness.
WSIB is 100% funded by the premium contributions of employers. The fund does not receive financial support from taxes.
Virtually all employers are required to register and contribute to the WSIB fund. Employers are required to register with the WSIB within 10 days of hiring their first employee.
Employer WSIB premiums are based on the category that applies to their business operations. The rate is quoted as a cost per $100 of payroll. The rate varies depending on the risks associated with the type of work that the employer does. For example, construction companies pay a higher rate than that of an employer of office workers.
If an employee is injured on the job, they must report the injury to their employer immediately. The employer then must report the injury to the WSIB within three days of learning of the injury. The employer shall provide a copy to the worker at the time the notice is given to the Board.
The WSIB mandate is to process your claim fairly and to facilitate your safe return to work.
However, there is a big potential for disputes in the process. The amount of money involved is often very large and liabilities can extend over many years. It is important to get proper legal advice right from the beginning.
The assessment of your claim, your expected recovery and eventual readiness to return to work will be conducted in the environment of cost control described in the CBC report of October, 2016. Anyone involved in this process needs experienced legal advice on their side.
CBC, October, 2016
“Following a report by Ontario's auditor general showing the WSIB was short billions of dollars, the province ordered the board to clean up its financial mess before it jeopardized workers' benefits
In 2011 the WSIB's unfunded liability — the amount by which its future payment obligations exceeded its bank balance — hit an unsustainable $14 billion. Getting out of that financial hole required "radical and rapid steps," according to an independent report commissioned by the province.
Since then, the board has managed to reduce its liability to $5.6 billion, setting it six years ahead of schedule in its mandate to get in the black by 2027.”
Paralegals in Ontario can represent you at the WSIB.
Every WSIB case is unique and dealing with a WSIB matter can be complex and time consuming.
If you have been injured at work, J & N Paralegal can advise you regarding your rights and obligations under the Workplace Safety and Insurance Act.
Let us review your case, please schedule an appointment for an initial free consultation.
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