When most people think of WSIB (Workplace Safety and Insurance Board), they likely think of benefits for lost wages or loss of income, and indeed this is an important component of any WSIB claim. However, there are many other benefits available through the WSIB system, that you may not even know exist, so it’s worth speaking to a Work Injury Lawyer. Let’s take a look at some of the other benefits that might be available to you.
Loss of Earnings
This benefit is the one most people associate with WSIB, as it provides a percentage of your take-home pay for the work missed due to a work-related injury or illness. For injuries occurring on or after January 1, 1998, the benefit amount is 85% of your take-home pay. You will continue to receive these benefits until your work-related injury or illness no longer causes impairment, until you no longer experience a loss of earnings, or until you reach the age of 65.
Non-Economic Loss
You may receive compensation for physical, functional, or psychological loss: this is similar to a general damages award for ‘pain and suffering’ in a tort claim. In order to qualify for this benefit, you must have a permanent impairment from a work-related injury or illness, and you must have made ‘maximal medical recovery’.
There is a formula that calculates the amount of your benefit, and it’s pretty complicated! The key is that there is a fixed amount from which an amount is either subtracted or added for every year you are over or under age 45. This is then multiplied by what is called an impairment rating.
Loss of Retirement Income
This benefit may be paid if you are under the age of 64, and have received loss of earnings benefits for one year. WSIB will set aside 5% of subsequent loss of earnings benefits in order to pay a retirement income benefit. This retirement benefit will not be paid out until you turn 65.
Health Care Benefits
You may be covered for prescription medications; health care costs; medical devices; orthotics; and, transportation costs associated with your work-related injury or illness. In many cases WSIB will pay the health care provider directly.
Personal Care Allowance
If you have experienced a work-related injury or illness resulting in severe impairment, you may be eligible for a personal care allowance. This allowance allows you to hire an attendant to assist you with activities of daily living. The level of attendant care can vary, from general assistance, which provides basic supervision, to skilled care, which is necessary in more serious cases where the worker requires complex health and hygiene support. To qualify for this assistance, you must be severely impaired and face challenges with your daily activities.
It’s important to know that your attendant doesn’t have to be a professional nurse. Your attendant can be someone you trust, such as a spouse, family member, or friend.
Home Care Policy
If your health care professional indicates that you need health services at home, then you might be entitled to receive home care. This is certainly important if you live in a remote area, and are feeling the physical toll of travelling to and from your occupational therapy or physiotherapy appoints. You do need to meet some criteria, but if your condition can be treated at home, and your needs cannot be met on an out-patient basis, then this is something that you should discuss with your doctor or other treatment provider.
Vehicle Modification Policy
Payment for vehicle modification will only be authorized where the modification is essential to the safe operation of, or to your ability to enter, leave and operate the vehicle. This is reserved for the most serious of cases, but if you qualify, then this might significantly enhance your quality of life.
Home Modification Policy
The WSIB will authorize home modifications to facilitate independent living if you have sustained a permanent total disability/severe impairment. Again, this is reserved for the most severe of cases, but the goal is facilitate your ability to live independently in a safe and supportive environment.
If you have suffered a workplace injury or illness, and are involved with the WSIB process, it can be overwhelming. Our firm has a significant amount of experience in this area, and we can help you navigate through the WSIB system, to ensure that you are receiving ALL of the benefits that you deserve.
