A proposed bill in Ontario has raised concerns among advocates, warning that it could eliminate a crucial safeguard for individuals who have suffered long-term work-related injuries. Bill 105 seeks to do away with a rule by the Workplace Safety and Insurance Board (WSIB) that guarantees a fixed amount of benefits for loss of earnings after six years, with workers then receiving the same benefit until age 65, usually without the need for their claim to be reassessed. The removal of this provision, commonly referred to as a “lock-in,” may subject injured workers to continued scrutiny and potentially hinder their ability to plan for the future, according to various unions and advocacy groups.
According to Kathrin Furniss, a lawyer at the Injured Workers Community Legal Clinic in Toronto, the proposed change could lead to an increase in appeals, adjudication processes, disputes, and surveillance for affected workers. Even under the existing system, the lock-in is not an absolute guarantee, as the WSIB retains the right to review benefits if there are significant changes in a worker’s circumstances, such as worsening or improving injuries, income alterations, as stated by the Office of the Worker Adviser.
Sean Staddon, the WSIB worker representative for United Steelworkers Local 6500, emphasized the importance of the lock-in for workers, providing them with a sense of closure and enabling them to move forward with their lives without constant inquiries from case managers or employers about their progress.
Advocates have also pointed out that the removal of the lock-in could have negative implications for workers’ mental health, as it introduces uncertainty regarding their benefits and subjects them to ongoing monitoring by the WSIB and employers. Carmine Tiano, the director of occupational services at the Provincial Building and Construction Trades Council of Ontario, highlighted the potential psychological toll on workers, suggesting that they may constantly feel under surveillance and in a state of probation.
Notably, the potential impact on mental health was exemplified by Toronto Police Services officers who shared their apprehensions about the consequences of eliminating the lock-in, particularly for individuals on leave due to mental stress injuries. One officer, who has received WSIB benefits for five years following a PTSD-related leave, expressed fears of being stuck in a perpetual state of scrutiny and review if the lock-in is lifted.
As the bill progresses towards its third reading, the absence of a clear rationale from the Ministry of Labour for the proposed removal of the lock-in has sparked questions. While the bill also includes enhancements to WSIB coverage, such as increased benefits and extended claim eligibility, concerns persist among advocates like Kathrin Furniss, who believe that the positive changes should not come at the expense of eliminating the lock-in protection.
