What Benefits are Available to Me in WSIB?

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 is the benefit that most people associate with WSIB, and it represents a percentage of your take home pay for work missed as a result of a work related injury or illness. For any injuries occurring on, or after, January 1, 1998, this amounts to 85% of your take home pay. You will continue to receive these benefits until you are no longer impaired by your work-related injury or illness, until you no longer have a loss of earnings, or until you reach age 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 suffered a work injury or illness, and you are severely impaired then you may be entitled to a personal care allowance. This will allow you to hire an attendant who can help you with your activities of daily living. The level of attendant care ranges from general, which provides basic supervision, to skilled, in those very serious cases where the worker needs complex health and hygienic care. In order to qualify you must be severely impaired and have difficulty with your activities of daily living.

You should know the attendant need not be limited to a nurse: your attendant could be your spouse, family member, or a 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.