Worker’s Eligible for WSIB Benefits

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Who is covered by the Workplace Safety and Insurance Act (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 business listed in Schedule 1 or Schedule 2 of the WSIA.

Domestic workers who are directly hired and paid by private households to work more than 24 hours a week for one family are also covered under the WSIA. This includes nannies, babysitters, nursemaids, housekeepers, gardeners, cooks, companions, and handy persons.

As of January 1, 2013, IOs, sole proprietors, partners, and executive officers in the construction industry are required to register with the WSIB, and to pay WSIB premiums, unless one of the few exemptions from coverage applies. Under the WSIA, these individuals are deemed workers for benefit purposes, they are deemed employers for payment purposes, and they are entitled to WSIB benefits. For more information about mandatory WSIB coverage in the construction industry, please download a copy of “The Construction Employer’s Guide to Workplace Safety and Insurance” from the OEA’s website.

Who can claim benefits under the WSIA
Workers or their dependents can claim Workplace Safety and Insurance Board (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.