Bill 105 which makes several major changes to the Workplace Safety and Insurance Act that will impact injured workers is expected to receive final approval from the government in October 2026.
Some of the changes that impact workers include :
- Increase to Benefit Levels
Loss of Earnings (LOE) and survivor benefits would rise from 85% to 90% of pre-injury net average earnings for all new claims. It does not include current claims and will likely not benefit most of you.
- Extension of benefits beyond Age 65
With many Ontarians working past the age of 65, the Workplace Safety and Insurance Board would have the discretion to extend LOE benefits past age 65, if workers apply between ages 63–65 and show that they would have kept working. We will be reviewing these provisions carefully especially for those of you who were working and injured after you turned 65.
- Removal of 72-Month Lock-In
Bill 105 as currently drafted would eliminate the statutory final review of benefits or lock-in at 6 years (72 months) post-injury. This will allow ongoing WSIB reviews of earnings and health changes until age 65.
There are currently no specifics released of how this review will be done. It may be as simple as uploading your tax return to the WSIB or a more extensive medical review. The details will be set out in new WSIB policies which have not yet been released.
- New Offsets from WSIB benefits
New deductions from other government or employer payments could be introduced. Currently, the system does not allow double dipping, so if you are receiving CPP disability benefits for the compensable injury it is offset from Loss of Earning benefits. What other benefits or payments are being considered under this new provision remains to be seen.
However, given the recent Policy change and WSIB claims manager decisions on payment in lieu of notice under the Employment Standards Act, this provision will statutorily allow these payments to be offset from LOE benefits.
The exact impact of these legislative changes on injured will not be know until the corresponding WSIB Operational policies are released. We will update this article once further policy changes are released.
Yours truly,
Suzanne M. Dajczak, C.S.