‘WSIB Update, An Employer’s Perspective’

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Do you want to know about upcoming changes in the Workers’ Compensation system?

Do you know how these changes will affect you as an employer?

‘WSIB Update, an Employer’s Perspective’ is a free 1 hour webinar that will prepare you for the changes that are happening at WSIB. You will find out what consultations and reports have been completed, and what these will mean for you as an employer. Learn how the current discussions and studies will change the system, what the potential consequences may be and how all of this will ultimately affect your bottom line.

January 24, 2018 – 10:00 – 11:00

OEA’s Chronic Mental Stress Webinar

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Did you know that the WSIB landscape on mental stress claims is changing?
The Legislature has amended the Workplace Safety and Insurance Act to allow entitlement for chronic mental stress starting in 2018, which will have a significant impact for employers. Michael Zacks will explain the amendments and tell you what you need to know so you can be ready for the upcoming change.
Dec 14, 2017 – 10:00 AM

WSIB’s Rate Framework Modernization

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The WSIB has just released 7 draft policies in support of the Rate Framework Modernization.  The WSIB will accept submissions on the draft policies until October 13, 2017.  The policies are available on the WSIB’s Rate Framework Consultation webpage.

The new Rate Framework is scheduled to come into effect on January 1, 2020, and will make major changes to how the WSIB classifies employers and calculates premiums.  The draft policies flesh out some of the significant changes that will result from the Rate Framework and provide guidelines on how the WSIB will do classification and determine if a company can have multiple rate groups.  These are extremely important and complex draft policies.  The OEA is offering a webinar on September 26, 2017 at 10:00 a.m. discussing the policies to provide a high level overview.

Michael Zacks, Director (A) and General Counsel

Other Claim Costs

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Injury costs covered by the Workplace Safety and Insurance Board (WSIB)
Once a claim is accepted the WSIB provides the following benefits:

  • loss of earnings benefit (LOE)
  • health care
  • health care equipment and supplies
  • non-economic loss (NEL) benefits
  • work transition (WT) services for workers or surviving spouses to assist in work reintegration (WR)
  • loss of retirement income (LRI)
  • future economic loss (FEL) for injuries occurring between 1990 and 1997
  • costs covered under the occupational disease and survivor benefit program
  • benefits for seriously injured workers, and
  • compensation for the worker’s survivors.

How the WSIB decides whether a worker is entitled to LOE payments and other services
The WSIB decides if the claim is work-related. In order for a claim to be considered work-related, all of the following conditions must exist:

  • the employer’s business activity is covered under the Workplace Safety and Insurance Act (WSIA)
  • the worker is covered under the WSIA
  • there is a personal work-related injury
  • there is proof of accident, and
  • the medical diagnosis is compatible with the accident or disablement history.

Following an injury, the WSIB weighs the evidence and makes a decision based on the merits of the particular claim, ensuring that its decision is consistent with the provisions of the WSIA and WSIB policies. In cases where evidence is approximately equal on both sides of an issue, the WSIB will decide in favor of the worker (or spouse or dependant) who is making the claim. This provision is known as the “benefit of doubt”.

How to File a Complaint

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Making a Complaint
Although the Office of Employer Adviser (OEA) endeavors to provide excellent service to all its clients, there may be occasions when employers wish to complain about their treatment by OEA staff or how their problems have been handled. We welcome your concerns, and will try to resolve them to your satisfaction.

Employers may file their complaint in one of two ways:

  • By completing the on-line complaint form and submitting it via email; or
  • By downloading a printable complaint form and faxing it to our office at 416 327-0726

Within 10 business days of the complaint being received:

  • The completed form will be directed to the Manager of the employee or the process being complained about
  • Management will review the complaint and ask for additional clarification if necessary
  • Management will discuss the complaint with the employee/s in question
  • Management will respond to the individual making the complaint, seeking to redress the problem

The OEA commits to using the complaint process as a means to improve over-all service and the processes of the agency. Even if a particular complaint cannot be resolved to an individual’s satisfaction, we commit to continually striving to improve our service.

Note that it is important that a complainant raise their concerns in a timely fashion; the closer in time that a complaint is made in relation to the triggering behaviour or incident, the more options for redress may be available.

In order to make a complaint you must keep track of all such information as:

  • The names and titles of the persons you have dealt with
  • The dates you were in contact (or missed contact) with OEA staff
  • The advice you were given and the things you were told to do
  • Emails or other written communication with OEA staff, so it can be provided if required

Filing your complaint
Complaints may be made about an individual’s behaviour or the interaction, advice, representation or other service that you received from the OEA staff member. We welcome comments about how our services can be improved to better serve Ontario employers, but caution that the OEA does not have the ability or mandate to change Workplace Safety and Insurance Board (WSIB) or Workplace Safety and Insurance Appeals Tribunal (WSIAT) decisions.

To complain on-line, click here.

Note that complaints may also be filed:

  • By fax at 416 327-4427

To download printable complaint form, click here.

  • By mail to:
    Office of the Employer Adviser
    151 Bloor St. W., Suite 704
    Toronto, Ontario M5S 1S4
  • By phone at 1 800- 387-0774 during regular business hours

Ask a Question Online

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If you are a corporation, partnership, fund, trust, co-operative or unincorporated association and would like to contact us online please click here.

If none of the above apply to you and you would like to contact us online please click here.

Contact Us

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If you are an employer and have any questions regarding workplace safety & insurance issues, or require assistance with specific Workplace Safety and Insurance Board (WSIB) claims, or have questions regarding unlawful reprisals under the Occupational Health and Safety Act (OHSA) please contact the Office of the Employer Adviser (OEA).

Head Office

Office of the Employer Adviser
Ministry of Labour
505 University Avenue, 20th Floor
Toronto, ON M5G 2P1

Telephone: (416) 327-0020
Toll free: 1-800-387-0774
Fax: (416) 327-0726
Email: askoea@ontario.ca

Business Hours

The OEA’s business hours are from 8:30 a.m. to 5:00 p.m.

Contact Us Online
If you are a corporation, partnership, fund, trust, co-operative or unincorporated association and would like to contact us online please click here.

If none of the above apply to you and you would like to contact us online please click here.

If you wish to file a complaint with the OEA, please click here.

Regional Offices

About the OEA

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The Office of the Employer Adviser (OEA) is an independent agency of the Ministry of Labour (MOL) and has been helping Ontario employers manage their workplace safety and insurance costs since 1985. We provide expert advice to any size employer, and represent primarily employers who employ fewer than 100 employees. Our service is completely confidential and you will never be charged a fee, given the OEA is funded through the premiums or administrative fees you pay the Workplace Safety and Insurance Board (WSIB).

OEA Workers’ Compensation services for employers

Advice
We have professional advisers experienced in all aspects of workplace safety and insurance answering your telephone queries in our advice centre. We help to resolve disputes early in the process and ensure you are treated fairly at all levels in the workplace safety and insurance system. We give you the information you need to get injured workers back to work safely. We provide you with practical advice on claims and revenue matters.

Representation
Primarily for employers who employ fewer than 100 workers, we provide representation at appeals at the WSIB and the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

Education
We have publications designed to meet the day-to-day needs of employers regarding the workplace safety and insurance system, and we also conduct online webinars and educational seminars to inform and educate employers about their rights and obligations under the Workplace Safety and Insurance Act (WSIA).

Occupational Health and Safety Act (OHSA) Unlawful Reprisals services for employers

As of April 1, 2012, the OEA assists employers confronted with unjust reprisal allegations raised under the OHSA. We provide employers with expert confidential legal advice and representation before the Ontario Labour Relations Board (OLRB), all at no fee to the employer.

Advice
We can respond to your telephone and online enquiries with legal advice regarding any current or potential reprisal allegations that arise in a health and safety context. We provide employers with proactive strategies to help them avoid becoming involved in unjust reprisal proceedings before the OLRB.

Representation
We offer representation in OHSA unjust reprisal matters before the OLRB to employers who employ fewer than 50 employees. We can assist with drafting the Response, attending the mediation, and presenting your case at the hearing.

Education
We conduct online webinars and educational seminars to inform and educate employers about their rights and obligations under the OHSA as they relate to unjust reprisal allegations.