A proposed Ontario law could remove an important financial safeguard for workers suffering from long-term workplace injuries, according to unions and workers’ advocacy groups.
Bill 105 would eliminate a Workplace Safety and Insurance Board (WSIB) provision that currently locks in loss-of-earnings benefits after six years. Under the existing system, eligible workers generally continue receiving the same payments until they reach 65, without having their claims routinely reassessed.
Advocates warn that removing this protection could leave injured workers facing repeated reviews, appeals and monitoring, making it more difficult for them to achieve financial stability and plan their futures.
Kathrin Furniss, a lawyer with the Injured Workers Community Legal Clinic in Toronto, said the proposed change could lead to more disputes, appeals, adjudication proceedings and surveillance.
The current lock-in arrangement does not completely prevent the WSIB from reviewing a worker’s benefits. Reviews can still occur when there is a significant change in circumstances, including an improvement or deterioration in an injury or a change in income.
However, workers’ representatives say the existing system gives injured people a sense of security and allows them to move forward with their lives. Sean Staddon of United Steelworkers Local 6500 said locked-in benefits can prevent workers from facing constant inquiries from WSIB case managers or employers about whether their condition has changed.
Furniss also noted that stable benefits have helped some injured workers qualify for mortgages because lenders can regard the guaranteed income as financially reliable.
Advocates further warn that removing the lock-in could affect workers’ mental health. They argue that continuous uncertainty and monitoring could make injured employees feel as though they are permanently being evaluated or placed on probation.
Bill 105 is expected to receive its third reading when the Ontario Legislature resumes in October.
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