WSIB Loss of Earnings Benefits Explained
If you cannot work or earn as much because of a work-related injury or illness, the Workplace Safety and Insurance Board (WSIB) may pay loss of earnings (LOE) benefits. How much you receive, and for how long, depends on your earnings, your recovery and any suitable work you can do.
- LOE benefits are generally 85% of your net average earnings before the injury, minus what you earn or could earn in suitable work.
- The WSIB reviews your benefits at set points and can change them as your situation changes.
- You must co-operate with early and safe return to work and health care recommendations.
- If you disagree with a decision, you generally have six months to file an objection.
How LOE is worked out
- The WSIB sets your pre-injury average earnings and calculates a net figure after statutory deductions.
- It pays up to 85% of that net amount, less any earnings you have from work after the injury.
- There are minimum and maximum limits and a set review process.
- Benefits can continue while you cannot work or cannot earn what you did before, subject to the rules.
Suitable work and return to work
The WSIB expects you and your employer to co-operate to get you back to safe work as early as possible, with accommodations if needed. If the WSIB decides that you can do suitable work, it can reduce your LOE by what you could earn in that work, even if your employer has no such job. Disputes often turn on what 'suitable' means in your situation and what your doctor says you can do.
Keeping your benefits secure
- Follow your treatment plan and keep appointments, and keep records of them.
- Give your health professional's reports to the WSIB on time.
- Reply to WSIB letters and calls quickly, and note dates and names.
- Keep proof of any job search or accommodation attempts.
- Report any earnings or changes in your condition as the rules require.
If you disagree with a decision
- Read the decision and note its date. You generally have six months to file a notice of objection.
- Explain in writing what is wrong and why, and attach medical evidence.
- The WSIB's appeals service reviews the objection and issues a decision.
- If you still disagree, you can appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT), which also has a time limit, generally six months.
Who can help
Licensed paralegals can represent workers in WSIB objections and appeals to the WSIAT. Early advice often avoids mistakes in the first claim form, which later affect everything else.
Common questions
Can I get LOE if I was fired after my injury?
Your entitlement depends on your injury and ability to work, not on whether you still have a job. Employers must also not penalize workers for making a claim.
Does LOE continue forever?
No. It is reviewed over time and depends on your recovery and your ability to earn, including in suitable work.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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