How to control the size of your rebate or surcharge
The best way to control the size of your rebate or surcharge is to reduce claim frequency and claim costs through prevention, work reintegration (WR), and cost relief measures. The most effective way to reduce claim frequency is through prevention, which can be as simple as complying with employer obligations under the Occupational Health and Safety Act (OHSA). Once an injury has occurred it is important to return the injured worker to work as quickly and safely as possible. More prevention assistance can be obtained from the Infrastructure Health and Safety Association at www.healthandsafetyontario.ca.
Second Injury and Enhancement Fund (SIEF), cost transfer and third party cost relief are three cost relief methods that Schedule 1 employers may use to reduce the cost of a claim. The Workplace Safety and Insurance Board (WSIB) either grants or denies cost relief based on the merits of each request.
Second Injury and Enhancement Fund (SIEF)
SIEF transfers loss of earnings (LOE) benefits and health care costs from an employer to the employer’s rate group. Employers may receive SIEF when a worker’s pre-existing condition or prior disability contributed to the work-related injury, or prolongs or enhances the period of the work-related disability. You can apply for SIEF relief by writing to the WSIB Case Manager and outlining the pre-existing condition(s). The WSIB may grant relief based on the supporting information in the claim file. The amount of relief granted depends upon the severity of the injured worker’s pre-existing condition and the severity of the injury. The amount granted could be between 25% and 100%.
Cost transfers allow employers in Schedule 1 to apply to have the claim costs transferred to another Schedule 1 employer due to negligence on the part of the other Schedule 1 employer or worker. A request for a cost transfer should be made in writing to the Case Manager.
Third Party Cost Relief
Third party cost relief allows an employer to ask the WSIB to recover the accident costs for the employer’s injured worker if the injury is caused by a third party who is neither another Schedule 1 employer nor a Schedule 1 worker. Any money recovered from the third party will be used to offset the injury employer’s costs.
Right to Sue (Schedule 2 Only)
Schedule 2 employers can directly sue anyone, other than their own employees, who may have caused the injuries to the Schedule 2 worker. They do not need the WSIB to initiate legal action.