Premium Rate Changes Announced by Workplace Safety & Insurance Board

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A recent announcement by the Workplace Safety & Insurance Board of Ontario of changes it plans to implement in how it sets premiums for 300,000 businesses in the province might have drawn only passing interest from most people. Unless you own a business or you are a worker who has suffered an injury on the job, the WSIB goes about its work largely unnoticed.

Workers’ compensation and the WSIB

Creation of a process for compensating individuals injured through work-related accidents or diseases without regard to fault resulted in establishment of workers’ compensation in Canada and administered by each province and territory. The agency responsible for administration of the system in Ontario is the Workplace Safety & Insurance Board.

Workers’ compensation ensures an injured worker benefits for lost wages and medical care with the goal of returning the individual to work as soon as possible. The key points of the workers’ compensation system are the following:

• Ensure workers have access to medical care when they are injured at work
• Compensate workers for the income they lose when unable to work due to a work-related injury or disease
• Distribute the cost of the benefits paid to workers among employers through the premiums paid into the program
• Protect employers from being sued by elimination of negligence or fault as the basis for paying claims to workers
• Creation of a neutral agency, such as the WSIB to oversee the system and the payment of claims

Most Ontario businesses with at least one employee must register with WSIB within 10 days of hiring the worker.

How WISB works

Illnesses or injuries caused by the type of work you do must be reported to your employer within six months of either the injury date or the date on which your work-related illness was diagnosed. Unless the injured worker did not require medical attention other than first aid, an employer is obligation under the Workplace Safety and Insurance Act to report the claim to the WSIB.

Injured workers are entitled, where applicable to the facts, to the following benefits:

• Earnings lost due to being unable to work
• Non-economic loss benefit to compensate the person for permanent impairment caused by the injury
• Loss of retirement income as compensation for contributions that would have been made toward a retirement fund
• Lost future income
• Costs of medical care and prescription medications

There are other benefits available for workers who develop serious occupational diseases, such as cancer, noise-related hearing loss and illnesses related to asbestos exposure. The benefits are tailored to meet the special needs of people suffering from such serious illnesses.

Payments are also available to the survivors of deceased workers, including lump sum or monthly payments to the spouse and children. The families of deceased workers also receive a benefit to cover the cost of a funeral and burial.

Third-party actions for damages

Although benefits received by an injured worker through WSIBprohibit an action against the employer, it does not prevent claims against third parties. A construction worker hit by a vehicle making deliveries to the job site might be entitled to pursue a claim against the driver and the owner of the vehicle as long as they were not the injured worker’s co-worker or employer.

Talk to a personal injury lawyer about workplace injuries

If you are injured at work, you can count on the personal injury lawyers at Diamond & Diamond for sound legal advice and guidance. Their review of the facts surrounding your injuries can determine the best way for you to proceed.When you think you need a lawyer, contact our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free, and we have offices throughout Ontario.