Chapter 8 Flashcards
What is WSIA’s primary function?
WSIA primarily deals with compensating and rehabilitating workers who suffer work-related injuries and illnesses.
Under the WSIA, what is the employees duty?
give up the right to sue in return for compensation on a no-fault basis.
Under the WSIA, what is the employers duty?
pay for the insurance program and are protected from lawsuits.
What are the 9 features of Ontario’s WSIA?
1.No-fault insurance system that compensates
workers for work-related injuries; workers
cannot sue employers.
2.Funded entirely by employers who pay
premiums based on their industry classification.
3. It is against the law for workers to contribute to
WSIA premiums.
4. Workers cannot waive their rights to benefits to
WSIA premiums.
5. Most employees in Ontario are covered by the
WSIA.
6.Focus is on the early and safe return of workers
to work. Workers and employers must
cooperate.
7. Employers with 20 or more employees are
obliged to re
-employ injured workers who have
at least one year of service with that employer.
8. If an injured worker cannot return to work with
the employer, the WSIB may prepare a labour
market re-entry plan to assist them in reentering
the workforce.
9. The system is administered by the WSIB.
Who is covered under the WSIA?
Most workers are covered automatically. Some low-risk employers apply voluntarily for coverage. Those who are not automatically covered (e.g. independent contractors) may apply for coverage.
Who is eligible for WSIA benefits?
1.Wilful misconduct (if they suffer an injury
or disease that arises ‘out of and in the course of
employment.)
2. ‘Arising out of and in the course of his or her
employment (benefits are paid as long as a worker is performing workrelated duties anywhere on the employer’s related premises during work hours)
3. Disability Claims (where the onset of an injury is gradual (like a repetitive strain injury), the onus is on the worker to show a relationship between the disability and the work.)
4. Occupational Diseases (occupational diseases are compensable if there is causal relationship between the disease and the employment.)
5. Mental Stress and Chronic Pain (can only success if
it is ‘an acute reaction to a sudden and unexpected
traumatic event arising out of and in the course of his or
her employment.’)
What Benefits Can Eligible Workers Receive Under the WSIA?
- Lost Earnings on the Day of Injury
- Healthcare Costs
- Loss of Earnings Benefits
- Non-Economic Losses
- Loss of Retirement Income Benefits
- Death and Survivor Benefits
Explain in greater details what is the loss of earning benefits?
loss of earnings benefits are calculated at 85% of an
injured workers net earnings.
-these benefits are non-taxable.
-the maximum benefit level is 175% of the average
industrial wage (in 2009 this was $74 600)
-benefits are paid until the earliest of:
-the day the loss of earnings ceases
-the day the worker reaches age 65
-the day the worker is no longer impaired by the injury
Explain in greater details what is non-economic losses?
if a work-related injury becomes permanent, the
worker may also be entitled to compensation for loss of
enjoyment of life.
-this is referred to as a non-economic loss benefit
-a NEL benefit is calculated on the basis of the degree
of permanent impairment multiplied by an amount
based on the age of the worker.
-a younger worker receives a larger NEL award than an
older worker would receive for the same injury as the
younger worker will probably live with the disability for a
longer time
Explain in greater details what is loss of retirement income benefits
-if a worker receives loss of earnings benefits for
12 consecutive months, the WSIB must set aside
an amount equal to 5% of his benefits to provide
the worker with a retirement pension.
-the worker also has the option of supplementing
this amount by electing to deduct 5% of their loss
of earnings benefits to make their own contribution
to their retirement income.
Explain in greater details what is death and survivor benefits
-a spouse who survives a worker who died from a compensable injury is entitled to: a) a lump sum payment based on age b) periodic payments based on the deceased worker’s net average earnings and number of children c) vocational counselling. -if there is no spouse, any surviving children are entitled to dependent’s benefits.
What is the duty to cooperate?
The goal is to achieve an early and safe return to work.
Both parties must cooperate and share information.
Employer must offer to re-employ where:
1. It regularly employs 20 or more employees, AND
2. Injured worker worked continuously for at least 1 year
for that employer
What is the right to reinstatement?
Obligation lasts until earlier of:
a) two years after date of injury
b) one year after date worker is medically able to
perform essential duties of pre-injury employment and
c) date worker reaches 65.
What is the labour market re-entry plan?
If, due to a workplace injury, a worker will never recover
enough so as to return to their employer, the WSIB will
refer the employee to a service provider who assesses the worker’s skills and interests.
It then prepares a labour market re-entry plan to assist the worker in re-entering the labour market.
Labour market re-entry may require many different
approaches, such as work placements, workplace
modifications, and formal training.
Who funds the WSIB systems?
WSIB costs (e.g. medical, lost income and retraining) are
funded only by Employer assessments/premiums paid
by employers.
Schedule 1 ERs - costs of injuries are shared by
industries and businesses (90% of ERS)
Schedule 2 ERs - pay the Board directly. (e.g.
government or industries that cross provincial borders
