Workplace Safety & Insurance Board

Workplace Safety and
Insurance Board

Commission de la sécurité professionnelle et de l'assurance contre les accidents du travail
Agency overview
Formed	1914 (as the Workmen's Compensation Board)
Type	Crown agency
Jurisdiction	Government of Ontario
Headquarters	Simcoe Place, 200 Front Street, Toronto, Ontario
Minister responsible	Monte McNaughton, Minister of Labour, Training and Skills Development
Agency executives	Elizabeth Witmer, Chair Thomas Teahen, President & CEO
Website	wsib.ca

The Workplace Safety and Insurance Board (WSIB; French: Commission de la sécurité professionnelle et de l'assurance contre les accidents du travail, CSPAAT) is the workplace compensation board for provincially regulated workplaces in Ontario. As an agency of the Ontario government, the WSIB operates "at arm's length" from the Ministry of Labour, Training and Skills Development and is solely funded by employer premiums, administration fees, and investment revenue. The WSIB is one of the largest compensation boards in North America and is primarily responsible for administering and enforcing the Ontario Workplace Safety and Insurance Act (WSIA).

Over 100 years old, the WSIB covers over five million people in more than 300,000 workplaces across Ontario and works to promote health and safety in the workplace with a goal of one day having zero work-related injuries or illnesses.

History

The Simcoe Park Workers' Monument. The bronze statue The Anonymity of Prevention is depicted wearing safety gear and working on the red granite wall sculpture, 100 Workers, on which are installed plaques of individuals who have died in workplace accidents in Ontario, one for each year of the 20th century.

Sir William Meredith is regarded as the founding father of the workers' compensation system in Ontario, and by extension, Canada. In 1910, Ontario appointed Sir William Meredith to head the first Royal Commission to study workers' compensation systems across the world and make recommendations. In 1913, Meredith presented his findings, and one year later, the Workmen's Compensation Board (now known as the WSIB) was formed.

By 1915, the Workmen's Compensation Act, sometimes referred to as the Historic Compromise was passed. The Act ensures that people are compensated for work-related injuries and occupational diseases and in turn, businesses cannot be sued by people who have become injured or ill at work. The Act was based on Sir William Meredith's five basic principles for a compassionate compensation system - still in place today, these are known as The Meredith Principles:

1. No-fault compensation: workers are paid benefits regardless of how the injury occurred. The worker and employer waive the right to sue. There is no argument over responsibility or liability for an injury.
2. Security of benefits: a fund is established to guarantee funds exist to pay benefits.
3. Collective liability: employers share liability for workplace injury insurance and the total cost of the compensation system. All employers contribute to a common fund. Financial liability becomes their collective responsibility.
4. Independent administration: organizations who administer workers’ compensation insurance are separate from government.
5. Exclusive jurisdiction: only workers’ compensation organizations provide workers’ compensation insurance. All compensation claims are directed solely to the compensation board. The board is the decision-maker and final authority for all claims.

Business owners (schedule 1 and schedule 2)

The WSIB differentiates between two types of employers, as set out in the Workplace Safety and Insurance Act (WSIA):

Schedule 1 employers are primarily private companies (i.e., construction companies) and make up approximately 309,000 employer accounts at the WSIB. These businesses require compulsory coverage and pay premiums on a monthly, quarterly or annual basis. Their premiums are based on insurable earnings (employees' salaries) multiplied by a rate assigned to the business determined by the type of work they do (or their rate group).

Schedule 2 employers are often public organizations (i.e., municipalities) and make up approximately 550 employer accounts at the WSIB. These employers are individually liable, meaning the WSIB pays benefits directly to people injured or ill at work under schedule 2 and are reimbursed by their employers for the cost of those benefits and the expense of administering them (administration fee).

Claims and benefits

Every year, the WSIB receives approximately 250,000 claims and pays over $2.5 billion in benefits. Coverage can include full medical care for people injured at work and wage replacement for as long as necessary until they are able to return to work. In the event of a fatality, the WSIB works with the surviving spouse to provide financial help, assistance re-entering the workforce if necessary, and support to provide for the post-secondary education of dependent children.

It is important to report and claim benefits as soon as possible. People who have experienced a workplace injury or illness have six months from the date of the injury to claim their benefits with the WSIB. For a workplace illness, it is generally 6 months from the date of diagnosis. Following the injury or illness, if treatment is needed from a health professional (beyond first aid), the employer is obligated to report it to the WSIB by filling out a Form 7. If the injured or ill person subsequently loses time from work, they must report the injury or illness to the WSIB by filling out and submitting a Form 6.

People who are injured or become ill because of work also have rights and responsibilities under WSIA.

Provincially regulated workers in Ontario workplaces have the right to:

• Know about potential danger
• Participate in making their workplace safe
• Refuse unsafe work

Provincially regulated in Ontario workplaces have a responsibility to:

• Work safely
• Report unsafe work conditions
• Wear the right safety equipment for the job

Claims process

When a claim is reported, the WSIB registers the claim and assigns it a claim number; over 90% of eligibility claims are made within two weeks of claim registration. If the claim is allowed, the injured or ill person is contacted and the WSIB begins to collect information from the health care provider (if applicable) and the employer. At this time, the eligibility adjudicator will determine if a claim needs support and if it does, the claim will be sent to a dedicated team of nurse consultants and return-to-work specialists. From here, a case manager, return-to-work specialist and nurse consultant work with the workplace parties to arrange for return to work and recovery.   

Financial Sustainability

After reaching a high of $14.2 billion in 2011, the WSIB eliminated its unfunded liability in Q2 2018, almost 10 years ahead of the legislated deadline of December 31, 2027. The unfunded liability was the shortage between the money needed to pay future benefits to people injured at work for all established claims, and the money that was in the insurance fund. The elimination of the unfunded liability was accomplished as a result of:

• Premiums exceeding those needed to cover claims and administrative costs
• Better than expected investment returns
• Fewer claims
• Better recovery and return to work

WSIB governance

The WSIB's Board of Directors is composed of the chair, the president and CEO, and seven to nine members, who are appointed by the Lieutenant Governor-in-Council. The board governs the WSIB on:

• Workplace safety/reducing injury, disease and fatalities
• Administering the insurance plan
• Providing compensation and other benefits to injured workers and their survivors
• Facilitating workers' recovery, return to work and re-entry into the labour market