This webinar is brought to you by
CLEONet
www.cleonet.ca
CLEONet is a web site of legal information
for community workers and advocates who
work with low-income and disadvantaged
communities in Ontario.
About our presenter…
Jessica Michael is a staff lawyer at The Community
Advocacy & Legal Centre (CALC), a non-profit community
legal clinic. CALC serves low income residents of Hastings,
Prince Edward and Lennox and Addington counties. Jessica
joined CALC in 2004, working primarily in the area of
housing law. Her clinic work currently focuses on
employment law, human rights, workers' compensation and
CPP disability. She received her law degree from Dalhousie
University. Jessica was called to the Ontario Bar in 2004.
Workplace Safety and
Insurance Board
Overview
This presentation is designed to provide you with an
understanding of the rights provided to the workers in
Ontario under the Workplace Safety and Insurance Act
(WSIA) post January 1,1998.
The Workplace Safety Insurance Board (WSIB)
Ontario’s Workplace Safety and Insurance Board (WSIB):
• provides insurance for injuries and illnesses incurred in workplaces
covered under the Workplace Safety and Insurance Act and
• supports early and safe return to work for injured workers.
An employer must report any injuries to WSIB immediately
after they occur
Decisions of the Board can be appealed via the Appeals
Branch of the Board.
The Workplace Safety Insurance Appeals Tribunal (WSIAT)
Decisions of the Appeals Branch of WSIB can be appealed
at The Workplace Safety and Insurance Appeals Tribunal
(WSIAT), which is the final level of appeal to which workers
and employers may bring disputes concerning workplace
safety and insurance matters in Ontario.
The Appeals Tribunal is separate from and independent of
the Workplace Safety and Insurance Board.
Possible Outcomes
There are a number of possible outcomes for injured
workers:
• Income replacement (loss of earnings benefit, LOE)
• Health care and medical costs (doctor’s visits, surgery, physiotherapy etc)
• Prescription drug costs
• Special clothing or footwear costs
• Transportation costs to and from health care appointments
• If the injury results in a permanent impairment, the WSIB may award a (NonEconomic Loss benefit, NEL)
Re-Employment
If a worker has worked for an employer for one year, and
the employer normally employs 20 or more workers, the
employer must offer to re-employ the injured worker in the
pre-accident job, a comparable job, or a suitable job.
The obligation to re-employ lasts for the earliest of:
• two years after the date of the injury
• one year after the worker is able to do the essential duties of their pre-accident
job, or
• the date the worker reaches age 65.
Re-Employment (Continued)
If an employer terminates a worker within six months of reemployment, the employer must show that the termination
was not related to the worker’s injury.
Special rules apply to workers in the construction industry, a
lawyer can help clarify the rules in these special situations.
Obligations of Injured Workers
Workers must:
• co-operate in the health care and prescribed treatment indicated by the WSIB
• undergo a health examination at the direction of their health professional or the
WSIB
• provide information to the WSIB to assist in the adjudication of their claim and
• co-operate in an early and safe return to work or labour market re-entry
assessment and plan, as indicated by the WSIB.
Failure to co-operate may result in WSIB cutting off a
worker’s benefits. These decisions can be appealed with the
help of a lawyer.
Our Service Area and Contact Information
Legal Aid Ontario funds a number of free community legal
clinics throughout Ontario for people living on a low income.
To find the clinic closest to you, visit:
http://www.legalaid.on.ca
You can also find us in the Yellow Pages.
This webinar was brought to you by
CLEONet.
For more information visit the Employment
and Work section of CLEONet at
www.cleonet.ca
For more public legal information webinars
visit:
http://www.cleonet.ca/training
2010, Community Law School (SarniaLambton) Inc.