Coverage

Who is covered by the WSIA

Workers are covered by the WSIA. A “worker” includes anyone employed under a contract of service or apprenticeship with an employer carrying on a construction business.

Who can claim benefits under the WSIA

Workers or their dependents can claim WSIB benefits if the worker suffers an injury, disease or death that arose out of and in the course of employment, and the following three conditions are met:

1. the worker’s employer is subject to compulsory coverage under the WSIA
2. the individual is considered to be a worker under the WSIA (see above), and
3. the injury happened in Ontario, or the criteria specified in ss. 18-20 of the WSIA are met if the injury happened outside of Ontario

Excluded individuals who can apply for optional insurance

The following individuals are excluded from the definition of a “worker” but can apply for voluntary WSIB coverage, also known as optional insurance, if they are carrying on a construction business:

• executive officers of a corporation
• IOs who operate a business, who do not employ any workers, and who have completed a WSIB independent operator questionnaire
• sole proprietors and
• partners in a business