A new bill in Ontario is causing concern among advocates as it may eliminate a crucial safeguard for individuals with long-term work injuries. The proposed Bill 105 aims to do away with a rule at the Workplace Safety and Insurance Board (WSIB) that ensures injured workers receive a set amount of benefits for loss of earnings beyond six years, continuing until they reach age 65, usually without further scrutiny.
Advocates worry that removing this provision, known as a “lock-in,” could subject injured workers to ongoing assessments and challenges, making it challenging for them to strategize for the future. Kathrin Furniss, a lawyer at the Injured Workers Community Legal Clinic in Toronto, expressed that this change could lead to more appeals, disputes, and monitoring of injured workers.
While the current system does allow for a review of benefits under specific circumstances, the lock-in offers a sense of finality for workers, allowing them to move forward with their lives without constant interference. Sean Staddon, a representative for United Steelworkers Local 6500 in Sudbury, emphasized the importance of the lock-in for providing stability and enabling workers to make long-term plans, such as qualifying for mortgages.
Advocates highlighted potential mental health repercussions for workers if the lock-in is removed, citing increased anxiety due to uncertainty about benefits and continued oversight by the WSIB and employers. Concerns were raised by Carmine Tiano from the Provincial Building and Construction Trades Council of Ontario about workers feeling under constant scrutiny and in a state of perpetual probation.
The bill, which is set for its final reading, includes enhancements to WSIB coverage, such as an increase in benefits to 90% of pre-injury earnings and an extension of benefits beyond age 65 for certain workers. However, advocates like Furniss stress the necessity of these changes without compromising the lock-in protection.
Some fear that removing the lock-in could particularly impact permanently injured or disabled workers who cannot return to work after six years. While Bill 105 is not expected to apply retroactively to existing lock-in cases, there remains uncertainty about how it will affect those already benefiting from this protection.
Advocates and affected individuals, including Toronto Police Services officers on mental stress leave, highlighted the importance of the lock-in in aiding their recovery process. They expressed concerns about the potential negative impact of reopening claims and the distress it could cause for individuals already grappling with their conditions.
The Ministry of Labour mentioned engaging with stakeholders to consider changes to the WSIB, but did not provide a specific reason for the proposed removal of the lock-in. While the bill aims to introduce positive changes to benefits, the potential loss of the lock-in safeguard has raised alarms among various groups, including workers and unions, regarding its implications for injured individuals.
