Area of Law: Workers' Compensation
Answer # 633
Who is eligible for workplace safety and insurance benefits?Region: Ontario Answer # 633
To be eligible for benefits, you must be employed by an employer who is covered by the Workplace Safety and Insurance Act. The Act applies to most employers who are grouped in industry sectors and listed in the Act.
Who is covered by Workplace Safety and Insurance?
Most workers in Ontario are covered by Workplace Safety and Insurance. If you are a construction worker, you are covered, but some of the rules that apply to you are different from those of other workers. Employers in industries covered by the Act are obligated to register with the Workplace Safety and Insurance Board (WSIB). Your benefit entitlement, however, does not depend on whether your employer registers with the Board. Employers who should register with the Board and do not are subject to penalties. For additional information, you can contact the WSIB.
Who can claim benefits?
If you are an employee covered by Workplace Safety and Insurance, you will be eligible to collect benefits if you have a work-related injury or disease which causes you to lose wages or to require medical treatment. Surviving relatives of a worker who dies in a work-related accident or from a work-related disease are also eligible to collect benefits.
Employees not required to be covered by Workplace Safety and Insurance
Unlike all other employees, officers of a corporation, a partner in a business, or a sole proprietor employed in an industry covered by the Act can decide to remain outside the system. Of course, if these senior executives and business owners apply to be covered by the Act, they lose the right to sue their business organizations for compensation.
If you are unsure about whether you are covered by Workplace Safety and Insurance or if you are eligible to collect benefits, contact the Workplace Safety and Insurance Board.
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