Licensed Paralegals
The last few months we've received multiple calls of suspended appeals due to unlicensed representatives or disallowed exemptions violating the by-laws made under the Ontario Law Society Act. (see WSIB Paralegal Policy for additional information).
You can start by searching the Law Society Directory to verify the licensed company and the status of your representative.
Audio Fact Sheet
WSIB offers a free online a very basic program to be used as a general introduction. We do not fully endorse this information and this site should only be used for information purposes only.
Office of the Attorney General has released a Report of the 2009 WSIB Unfunded Liability.
Facts: WSIB is one of the highest premium rates in Canada; $11.5B UFL; lost $2.4B in 2008; UFL will be completed in 2022; operations only 54% Funded; 73% workforced is covered; EXR inbalance rebates > surcharges; and policies set by the govt ot WSIB. Tabled in the Legislative Assembly of Ontario on December 7, 2009, the independent government Auditor describes the inner mysteries of the WSIB and their efforts to control the growing $11.5Billion Unfunded Liabilility (UFL). The 2009 article is fairly in-depth and describes in great detail areas in need of drastic improvement. A good read for interested parties involved with WSIB.
Ergonomists
The fate of the 29 staff members as being officially eliminated and their reassignment should occur in the coming weeks. Employers especially smaller firms will be responsible for their own assessment. Our office can provide assistance with a list of companies to meet this demand.
Traumatic fatalities
2010 Preliminary Rates & Prevention Strategy
2010 ON Rates (Preliminary) will be frozen for rate groups with good health and safety performance, while increases or the standard rates for poor-performing rate groups in the usual way. WSIB's stated on their website the same method for setting premium rates as has been used in previous years, but with an important change.
"decision to freeze premium rates for the majority of employers is based on careful financial analysis, and an expectation that improvements will occur in health-and-safety and return-to-work outcomes consistent with the WSIB’s Road to Zero and Prevention Strategies."
Our office is attempting to understand the exact definition of "good health and safety performance." The Board is serious in attempting to encourage prevention in their framework. To prepare for the changes, we've expanded our WSIB/WCB services in preparation for 2010 with the availability of additional Health & Safety firms to accommodate your company's needs.
Return to Work for Construction Industry
A new regulation for the construction industry regarding return to work and re-employment took effect on September 1, 2008.
The regulation requires:
- return to work co-operation rules for construction employers and workers;
- re-employment obligations for employers that are more clearly outlined;
- improved return to work outcomes for the construction industry
- a reasonable balance between employers, workers and all stakeholders.
Three WSIB operational policies and one overview document were created to support the re-employment provisions of the regulation. Operational policies to support the return to work provisions are: - 19-05-01 Overview – Re-employment in the Construction Industry
- 19-05-02 Threshold, Duration and Specific Employer Requirements
- 19-05-03 Compliance with the Re-employment Obligation – Construction Industry
- 19-05-04 Re-employment Penalties and Payments – Construction Industry.
Additional details on the regulation and policies can be found on the Workers and Employers pages.
The WSIB considered the input of both construction worker and employer stakeholders in arriving at the new regulation and operational policies.
Online Health & Safety Training
WSIB has an online program that is simple, but very effective. The program is a little outdated from 2004, it does provide a general overview of the requirements. We highly recommend you deal with an Health & Safety Specialist for additional details. http://hs101.ca/homepageEng.htm
Fatal Claim Premium Adjustment
Newly introduced is a change regarding work-related traumatic fatalities. An employer is disqualified from receiving an experience rating rebate unless there are exceptional circumstances, such as a third-party motor vehicle accident. Should the employer be in a surcharge position, the WSIB will continue to issue a sizable experience rating assessment.
The Ministry of Labour is also involved through their Fatalities and Immediate Response (FAIR) Policy and they've outlined details of their initiatives and investigation from their website.
Exceptions to the policy will be deferred to the merits and justice of each case, and there will be a right of appeal to all decisions made under the policy.
New Employer Policies
As of April 7, 2008, two new policies on collection activity while an employer’s premium issue is under appeal or have active appeals with the WSIB. The two policies are:
Created in response to a report from the Standing Committee on Government Agencies in May 2007, the WSIB is confident it has struck a fair balance between fairness to employers who have appeal issues and the rest of the employers in the system.
Voluntary Registration (Partial Amnesty)
Implemented and effective as of April 1, 2008 an opportunity for non-registered employers, who are legally required to register with the WSIB, to come forward to voluntarily register with partial amnesty. Unfortunately, you'll still be responsible for some premium reassessments, but the retroactivity will be minimized:
We suggest you contact a WSIB Paralegal or Lawyer for representation to ensure your rights are protected.