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 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.
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 refer to the construction section of the OEA’s website.
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:
- the worker’s employer is subject to compulsory coverage under the WSIA
- the individual is considered to be a worker under the WSIA (see above), and
- the injury happened in Ontario, or the worker qualifies under various out-of-province coverage rules.
Industries or business activities not covered by the WSIA
There are over 100 industries that are omitted from mandatory coverage because they are not listed in either Schedule 1 or Schedule 2. These include banks, insurance companies, trust companies and other financial institutions, law firms, real estate agencies, business associations, recreational and social clubs, trade unions, private schools and universities, children’s camps, travel agencies, and health clubs.
These employers can apply for “by application” coverage under Schedule 1. If the WSIB accepts their application, these by application employers are treated the same as Schedule 1 employers. Any application employers who subsequently want to cancel their application coverage must pay a departure fee.
How to find out if your business is covered
You can find detailed information about the coverage status of all businesses and industries in Ontario by referring to the WSIB’s Employer Classification Manual (ECM) on the WSIB’s website.