WORKPLACE SAFETY
AND INSURANCE BOARD (WSIB)
INSURANCE PLAN COVERAGE FOR
FIREFIGHTER
BURIALS AND OTHER SURVIVOR BENEFITS:
RESOURCE PACKAGE
Office of the Fire Marshal
Policy and Public Safety Programs Division
Ministry of Community Safety & Correctional Services
Produced in consultation with the WSIB
Table of Contents
Workplace Safety and Insurance Board (WSIB) – An Introduction
Workplace Safety and Insurance Act, 1997
Reporting an injury, occupational disease or death, and requesting WSIB benefits
Firefighter Occupational Cancer Claims
Bereavement Counselling for Survivors
WSIB Survivor Benefits - Financial Payments
Surviving Child Enrolled in an Educational Program
Constable Joe MacDonald Public Safety Officers’ Survivor Scholarship Fund
Support Provided by the Municipality
Appendix A – WSIB Contact Information
Appendix B – WSIB Facts and Figures 2006
Appendix C – WSIB 2006 – Table of Rates
Appendix D – Useful Web Sites and Links
Appendix E – Fire Service and Firefighter Associations
Appendix F – Firefighter Memorials
This resource package is provided to the members of the Ontario fire service to
assist them in understanding Workplace Safety and Insurance Board (WSIB)
insurance plan coverage for funerals and other survivor benefits that may be
available in the event of a firefighter death resulting from an injury in the
course of his or her employment or from an occupational disease. The aim of the
resource package is to consolidate relevant information, serve as an initial
point of reference, outline the process for receiving available benefits and
provide contact numbers in the event that more information is required.
The primary focus of this package is on the WSIB insurance plan benefits.
Information on other survivor benefits available, e.g., the Constable Joe
MacDonald Public Safety Officers’ Survivor Scholarship Fund, is also included as
reference material.
Topics covered in the resource package include:
Workplace Safety and Insurance Board (WSIB);
Workplace Safety and Insurance Act, 1997 (WSIA);
Who is covered under the WSIB insurance plan;
Burial expenses covered under the WSIB plan;
Reception expenses covered under the WSIB plan;
Bereavement counselling for survivors;
Procedures for requesting and receiving benefits;
WSIB contact information;
Useful Web sites and links;
WSIB benefits for survivors;
WSIB rates and amounts for 2006; and
Contact information for the
Office of the Fire Marshal and fire
service associations.
Workplace Safety and Insurance Board (WSIB) – An Introduction
The mission of the Ministry of Labour is to advance safe, fair and harmonious
workplace practices that are essential to the social and economic well being of
Ontarians. A range of specialized agencies, boards and commissions assist the
ministry in its work. The Workplace Safety and Insurance Board (WSIB) is one
such board.
The mandate of the WSIB is to oversee Ontario’s workplace safety education and
training system, provide disability benefits, monitor the quality of health
care, and assist in an early and safe return to work. The WSIB Web site address
is www.wsib.on.ca
The WSIB was first established in 1915 as the Workmen’s Compensation Board under
the Workmen’s Compensation Act. The Ontario Legislature adopted the new system
based on recommendations made by Sir William Meredith in 1914.
The WSIB is entirely financed by employer premiums. It does not receive funding
from the Ontario Government.
Workplace Safety and Insurance Act, 1997
Section 1 of the Workplace Safety and
Insurance Act, 1997 (WSIA) sets out as one of the purposes of the Act:
1. The purpose of this Act is to accomplish the
following in a financially responsible and accountable manner:
…
4. To provide compensation and other benefits to workers and to the survivors of
deceased workers.
Section 2 of the Act defines “worker”:
“worker” means a person who has entered into or is employed under a
contract of
service or apprenticeship and includes the following:
1. A learner
2. A student
3. An auxiliary member of a police force
4. A member of a volunteer ambulance brigade
5. A member of a municipal volunteer fire brigade whose
membership has been
approved by the chief of the fire department
or by a person authorized to do so
by the entity responsible for
the brigade
6. A person summoned to assist in controlling or extinguishing a fire
by an
authority empowered to do so
7. A person who assists in a search and rescue operation at the
request of and
under the direction of a member of the Ontario
Provincial Police
8. A person who assists in connection with an emergency that has
been declared
by the Lieutenant Governor in Council or the
Premier under section 7.0.1 of the
Emergency Management and
Civil Protection Act or by
the head of council of a municipality
under section 4 of that Act
9. A person deemed to be a worker of an employer by a direction or
order of the
Board
10. A person deemed to be a worker under section 12
11. A pupil deemed to be a worker under the
Education Act
Section 48 of the Act outlines WSIB death benefits. This section applies “when a
worker’s death results from an injury for which the worker would otherwise have
been entitled to benefits under the insurance plan”. The section applies to
workers whose death resulted from a personal injury by accident that arose out
of and in the course of his or her employment, or whose death resulted from an
occupational disease that occurred due to the nature of one or more employments
in which the worker was engaged.
Each year, benefits are indexed by an appropriate indexing factor, which is
specified in the WSIA. In the case of survivor benefits, the Act states:
50.
(1) On January 1 every year, an alternate indexing
factor for the year shall be calculated. It is the amount of the percentage
change in the Consumer Price Index for Canada for all items, for the 12-month
period ending on October 31 of the previous year, as published by Statistics
Canada. However, the indexing factor shall not be less than 0 per cent.
(2) The alternate indexing factor applies with respect to the calculation of
payments,
(a) to workers whose loss of earnings is 100 per cent;
(b) under section 48 to survivors; and
(c) to the other person referred to in subsection 48 (5) and to a parent or
other person described in subsection 48 (20).
Please note that subsection 26.(2) of the WSIA states:
26. (1) …
Benefits in lieu of rights of action
(2) Entitlement to benefits under the insurance plan is in lieu of all rights
of
action (statutory or otherwise) that a worker, a worker’s survivor or a
worker’s spouse,
child or dependant has or may have against the worker’s
employer or an executive
officer of the employer for or by reason of an accident
happening to the worker or an
occupational disease contracted by the worker
while in the employment of the employer.
The complete text of the WSIA is available at:
www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97w16_e.htm
Reporting an injury, occupational disease or death, and
requesting WSIB benefits
Employers are required to report to the WSIB a work related accident / illness /
death that results in the worker needing health care or not being able to earn
full wages. To fulfill this obligation, the employer must complete WSIB Form 7,
Employer’s Report of Injury / Disease.
Form 7 and a reference guide to help fill out the form are available on the WSIB
Web site at
www.wsib.on.ca/wsib/wsibsite.nsf/public/FormsEmployers.
The employer must complete Form 7 within three days after learning of the
accident / illness / death and must send a copy of the form to the WSIB within 7
days after learning of the accident / illness / death. Failure to complete the
form and to meet these deadlines could result in penalties.
When the WSIB receives a Form 7 from an employer for a fatality, a WSIB staff
member will automatically contact the surviving spouse and/or dependants. The
WSIB will contact the surviving spouse and/or dependants as soon as it hears of
a workplace fatality, even before receiving a Form 7 from the employer.
In the event of a traumatic workplace fatality, employers are encouraged to
provide immediate verbal notice to the WSIB.
The completed Form 7 should be mailed to:
WSIB
200 Front Street West
Toronto ON M5V 3J1
or faxed to (416) 344-4684 or 1-888-313-7373 (toll free).
Once Form 7 has been completed and received by the WSIB, a WSIB adjudicator is
assigned. In the case of a firefighter death, the adjudicator will work with
both the family and the fire department to coordinate benefits available under
the WSIB insurance plan. It is strongly recommended that survivors and the fire
department communicate with the WSIB to discuss WSIB burial benefits before
incurring any expenses in that regard.
Section 22 of the WSIA states:
22. (1) A worker shall file a claim as soon as possible after the accident that
gives
rise to the claim, but in no case shall he or she file a claim more than
six months after
the accident or, in the case of an occupational disease, after
the worker learns that he or
she suffers from the disease.
(2) A survivor who is entitled to benefits as a result of the death of a worker
shall file
a claim as soon as possible after the worker’s death, but in no case
shall he or she file a
claim more than six months after the worker’s death.
(3) The Board may permit a claim to be filed after the six-month period expires
if, in
the opinion of the Board, it is just to do so.
To file a claim or ask questions, survivors can call the WSIB at (416) 344-1000
or 1 800 387 0750.
Firefighter Occupational Cancer Claims
WSIB Operational Policy 23-02-01, Brain Cancer and Lymphoid Leukemia Among
Firefighters, states that a “worker who has been a
full-time urban firefighter in Ontario and who
has been medically confirmed to have a primary malignant brain cancer or to have
lymphoid leukemia is entitled to compensation if the worker's disease is found
to be, on a balance of probabilities, due to the nature of the worker's
employment as a full-time urban firefighter.”
The WSIB considers that an employment of twenty years or longer of full-time
firefighting involving on-call fire smoke exposure provides highly persuasive
evidence that a worker's brain cancer is due to the nature of the worker's
employment. Similarly, an employment of thirty years or longer of full-time
firefighting involving on-call fire smoke exposure provides highly persuasive
evidence that a worker's lymphoid leukemia is due to the nature of the worker's
employment.
The operational policy does not apply to part-time firefighting exposure, or
forest or wildland firefighting exposures.
Claims for other types of cancers from full-time urban firefighters and all
other firefighters are adjudicated by the WSIB on a case-by-case basis, taking
into consideration for each claimant the intensity, type, and duration of
occupational exposures and the presence of non-occuppat
Subsection 48 (22) of the Workplace Safety and Insurance
Act, 1997 (WSIA) states:
(22) The Board shall determine and pay the necessary expenses of burial or
cremation of the deceased worker, paying at least $2,083.32. If, because of the
circumstances of the case, the worker’s body is transported a considerable
distance for
burial or cremation, the Board may also pay the necessary
transportation costs.
WSIB Operational Policy 20-03-02, Burial Expenses, which is part of the WSIB
Operational Policy Manual (OPM), adds the following information:
The WSIB also pays the actual travel cost when a worker’s body must be
transported a
considerable distance from the place of death to the worker’s
usual place of residence, or
to the residence of the worker’s immediate family,
for burial or cremation.
The WSIB Operational Policy Manual can be found at
www.wsib.on.ca/wsib/wopm.nsf/home/opmhome
|
Benefit |
WSIA |
Operational Policy |
Legislated $ Amount |
Rate for 2005 -Minimum |
Rate for 2006 -Minimum |
Rate for 2006 -Maximum |
| Burial Expenses |
Subsection 48 (22) |
20-03-02 |
Minimum burial or cremation expenses = $2083.32 |
$2,454.93 |
$2,518.76 |
All expenses reasonably connected to burial or cremation |
The burial expense minimum is indexed annually according the alternate
indexing factor (Consumer Price Index – CPI), which was 2.6% for 2006.
Amounts for previous years can be found in Operational Policy 18-01-02, Benefit
Dollar Amounts – Accidents from 1998, and Operational Policy 18-01-03, Benefit
Dollar Amounts – Accidents before 1998.
Facts and Figures 2006 and 2006 Table of Rates are summaries of benefit amounts
published by the WSIB. They can be found in Appendices B and C.
Facts and
Figures 2006, 2006 Table of Rates and benefit amount summaries for previous
years can also be found on the WSIB Web site at
www.wsib.on.ca/wsib/wsibsite.nsf/public/PolicyReports.
Funeral expenses eligible for reimbursement under the WSIA are those associated
with the transportation, preparation and disposition of a deceased worker’s body
for the purposes of burial or cremation.
In certain cases, however, it is possible that the WSIB will cover funeral
reception expenses under WSIB Operational Policy 20 03 02, if the expense, i.e.
the funeral reception costs, was “reasonably connected to burial or cremation.”
The benchmark for determining what funeral reception costs are covered is based
on what the average family would reasonably pay to hold a funeral reception.
However, since WSIB insurance coverage for funeral reception costs is not
explicitly stated in the WSIA or in the WSIB Operational Policy Manual, what
would be covered or how much would be covered can only be determined on a
case-by-case basis.
In the case of a firefighter death, the surviving spouse/family and the fire
department are encouraged to consult with WSIB staff members to find out about
WSIB insurance coverage for funeral reception expenses before incurring any
expenses in that regard.
Bereavement Counselling for Survivors
Subsection 48 (12) of the WSIA states:
(12) Upon request, the Board may pay for bereavement counselling for the spouse
or
the children of the worker. The request must be received within one year
after the worker’s
death.
WSIB Operational Policy 20-02-02, Bereavement Counselling, provides further
details about this benefit.
For deaths that occurred on or after March 1, 2000, the term “spouse” is meant
to include both opposite sex and same-sex partners.
If entitlement to death benefits is not determined within one year of the
worker’s death, the spouse or children can request counselling within one year
of the date when the claim was accepted.
If there is no spouse to request counselling for any surviving children, a
parent who does not qualify as a spouse, or a person acting in the role of
parent, may request counselling for them. Children may also request counselling
themselves.
Bereavement counselling is intended to help the surviving spouse and/or children
adjust to the worker’s death, and to the resulting family and social situation.
The WSIB has two crisis intervention counsellors available for immediate
counselling for spouses, dependants, other family members and fellow workers.
The WSIB may provide bereavement counselling or, when necessary:
The WSIB may authorize bereavement counselling for up to 12 months, and must
preauthorize any additional counselling.
The Workers’ Compensation Act was in effect from April 1, 1985 and December 31,
1997, and was replaced by the WSIA, which came into effect on January 1, 1998.
If the injury that resulted in the worker's death occurred on or before December
31, 1997 or if the disease that resulted in the worker's death was diagnosed on
or before December 31, 1997, Operational Policy 20-02-02 still applies and the
WSIB can pay for bereavement counselling for a spouse and/or children.
WSIB Survivor Benefits - Financial Payment.
The WSIB provides financial benefits to help the surviving spouse and
dependants when a family member dies as a result of work-related injury or
disease. There are two kinds of payments surviving spouses may receive: lump
sums and monthly benefits.
1. LUMP SUMS
Lump sum payment to spouses
Spouses of deceased workers are entitled to a one-time lump sum payment. For
2006, this benefit ranges from $33,583.35 to $100,750.06, depending on the age
of the surviving spouse. The WSIB calculates payments using the case of a 40
year old spouse as a baseline. A 40-year-old spouse receives the mid-range
amount of $67,166.74. Using the spouse’s age at the time of the worker’s death,
the WSIB:
Lump sum payment to dependent children when there is no
spouse
Dependent children under 19 are entitled to a lump sum payment of $65,464.66
shared equally among them. This age limit may be extended to 30 years, if a
child is enrolled in school or training. Approved educational programs lead to a
degree, diploma or certificate and include university, college, technical, or
vocational programs. They can also include apprenticeship and distance education
(correspondence) programs.
The WSIB may pay the lump sum benefit to someone it feels is acting in the child
or children’s best interest. This may be the surviving parent, a guardian, an
attorney, the Public Guardian or Trustee or another person.
2. MONTHLY BENEFITS
The surviving spouse and dependants may also receive monthly payments. The WSIB
adjusts these payments each year, on January 1, to reflect the change in the
Consumer Price Index. The WSIB also considers any Canada Pension Plan or Quebec
Pension Plan benefits paid when calculating the monthly benefit payment. This
may alter the amount of the benefit payment.
Surviving spouse with no children
A surviving spouse with no children receives a monthly payment of 40% of the
deceased worker’s net average earnings. Add one per cent for each year the
surviving spouse is over 40, up to a maximum of 60% of the net average earnings.
Subtract one per cent of the base amount for each year the surviving spouse is
under 40, to a minimum of 20 per cent of the net average earnings. Once the
percentage is determined, it will not change as the spouse gets older.
Surviving spouse with children under the age of 19
A surviving spouse with children under the age of 19 receives a monthly payment
of 85% of the deceased worker’s net average earnings at the time of death. This
lasts until a child reaches the age of 19. The WSIB then reviews the benefit
amount and may adjust it if:
If a 19-year-old dependent child is in school or other acceptable training, he
or she receives a monthly payment of 10% of the surviving spouse’s monthly
payment while he or she remains in school. This 10% is deducted from the
surviving spouse’s monthly payment. When the child is no longer entitled to the
monthly payment, the 10% reverts back to the spouse’s monthly payment if there
is still one or more dependent children in the care and custody of the spouse.
After the youngest child reaches the age of 19, the WSIB will consider the
surviving spouse to be a spouse with no dependent children and will recalculate
the amount of the monthly payment accordingly.
Monthly payments to dependent children when there is no
surviving spouse
If there is one dependent child under the age of 19 but no surviving spouse, the
child receives a monthly payment equal to 30% of the worker’s net average
earnings. With more than one dependent child, the children as a group receive a
base payment of 30% of the net average earnings, plus 10% for each additional
child, up to a maximum of 85% of the net average earnings.
Monthly payments to child incapable of earning wages
A surviving dependent child who is physically or mentally incapable of earning
wages will receive monthly payments until the child is able to earn wages or
until he or she dies.
Other dependants, but no surviving spouse or children
The extent to which a person depended on the worker financially at the time of
the worker’s death is a factor in determining the benefits this person may
receive. Maximum compensation is 50% of the deceased worker’s net average
earnings at the time of death. Other dependants must provide proof they were
financially dependent on the deceased worker to obtain benefits. The WSIB pays
compensation if, and only for as long as, the dependant would reasonably have
expected support.
More than one spouse – how the benefits are split
When more than one person fits the definition of spouse, the lump sum payment
and monthly payments are split between them. But, the total payout will not
exceed the maximum set for that year. In 2006, the maximum lump sum amount is
$100,750.06.
A separated spouse receives a lump sum payment and periodic (monthly) payments
as a surviving spouse if:
a) the separated spouse fits the definition of spouse; or
b) immediately before the worker’s death, the worker was required to
make
support payments by a separation agreement or court order; or
c) even without a separation agreement or court order, there is proof that
the
spouse was dependent on the worker at the time of death.
Surviving Child Enrolled in an Educational Program
A surviving child who is between the ages of 19 and 30, and who attends
school, is entitled to compensation benefits if the WSIB considers it advisable
for the child to continue in an educational program.
If the WSIB considers it advisable for this person to continue his or her
studies, the child receives monthly payments equal to 10% of the worker’s net
average earnings at the time of death.
The child's educational program must be:
Approved educational programs include university, college, technical, or
vocational programs. They can also include apprenticeship and distance education
(correspondence) programs.
WSIB Operational Policy 20-03-12, Child 19 Years or Older Continuing in
Education, provides further details.
If a worker's spouse is pregnant at the time of the worker's death, the
unborn child is considered to be a dependant from the date of birth.
For deaths that occurred on or after March 1, 2000, the term “spouse” is meant
to include same-sex partners.
Pregnant with no other children
If, at the time of the worker's death, a pregnant spouse has no other children,
the spouse is entitled, until the child's birth, to
When the child is born, the spouse is entitled to the same ongoing periodic
payments as a spouse with one or more children
Pregnant with other children
If, at the time of the worker's death, a pregnant spouse has other children, the
spouse is entitled to
WSIB Operational Policy 20-03-05, Pregnant Spouses or Same-sex Partners,
provides further details.
Crisis Intervention Counselling
Shortly after hearing of a sudden or traumatic workplace death, the WSIB sends a
counsellor to see how they can help people during this difficult time. The
counsellor contacts the surviving spouse, children and co-workers at the
workplace to see if people need individual post-trauma support.
Labour Market Re-entry
If needed, the WSIB offers the surviving spouse help to return to the work
force. To get this help, a Labour Market Re-entry (LMR) Assessment must be
requested within one year of the worker’s death. The WSIB will work with the
spouse to determine when the assessment will occur. Based on the results of the
assessment, the WSIB will see if the spouse needs an LMR plan.
The WSIB considers how the spouse is managing and if they are able to begin a
labour market re-entry program. If the spouse is not ready, WSIB staff may wait
until a more suitable time to offer this service.
WSIB Operational Policy 20-02-03, Labour Market Re-entry Assessments for
Surviving Spouses or Same-sex Partners, and WSIB Operational Policy 20 02 03,
Labour Market Re-entry Plans for Surviving Spouses or Same-sex Partners, provide
further details.
When the WSIA came into effect on January 1, 1998, things changed for the
better for widows and widowers who had married or remarried before April 1,
1985.
Section 109 of the WSIA states:
109 Any person whose benefits were terminated for
reason of marriage
or remarriage under subsection 36 (2) or 37 (1) of the
Workers’
Compensation Act, as it read on March 31, 1985, may apply to the Board
for a reinstatement of benefits and the Board shall reinstate the benefits, as
of April 1, 1985.
Widows, widowers and common-law spouses whose spouses died of workplace injury
or disease in Ontario, and who remarried prior to April 1, 1985, may be entitled
to reinstatement of survivors’ benefits. Payable benefits are retroactive to
April 1, 1985.
To have benefits reinstated, a person must provide the WSIB with specific
information showing that he or she is eligible. If a spouse is deceased,
benefits may be payable to the estate.
For further details, please contact the Manager, Occupational Disease and
Survivor Benefits Program at:
Workplace Safety and Insurance Board,
200 Front Street West, 4th Floor
Toronto, Ontario
M5V 3J1
Telephone: (416) 344-2346
1-800-465-9846 (toll free)
Constable Joe MacDonald Public Safety Officers’ Survivor Scholarship Fund
The Constable Joe MacDonald Public Safety Officers’ Survivor Scholarship Fund
was created to provide scholarships for spouses and children of public safety
officers killed in the line of duty. The fund is named after Constable Joseph
MacDonald of the Sudbury Police Service who was shot in the line of duty in
1993.
For the purpose of the scholarship, a public safety officer is defined as:
The following persons may apply for the scholarship:
Additional information about the scholarship and the application form can be
found on the Office of the Fire Marshal Web site at:
www.ofm.gov.on.ca/english/Publications/Communiques/2005/2005-10.asp
Anyone who meets the eligibility criteria for this scholarship should submit
their application with supporting documents to:
Manager, Program Development Section
Policing Services Division
Ministry of Community Safety and Correctional Services
25 Grosvenor Street, 12th floor
Toronto ON M7A 2H3
An advisory committee reviews all eligible applications and makes
recommendations to the Ministry of Community Safety and Correctional Services.
Following approval and after having received original receipts, the ministry
issues a cheque to cover the cost of tuition, textbooks, accommodation and
living expenses.
For further information, please contact Police Support Services, Ministry of
Community Safety and Correctional Services at (416) 314-6710.
Support Provided by the Municipality
Depending on local collective agreements, surviving spouses and dependent
children may be entitled to survivor benefits from the municipality in the event
of a firefighter death.
In the event of a death, the surviving spouse and/or dependent children may wish
to contact the human resources department of the municipality to find out about
available survivor benefits.
Appendix A
WSIB Contact Information
Workplace Safety and Insurance Board
200 Front Street West
Toronto, Ontario
M5V 3J1
Telephone: (416) 344-1000
1-800-387-5540 (toll free)
1-800-387-0750 (toll free in Ontario)
1-800-387-0050 (TTY)
Fax: (416) 344-4684
1-888-313-7373 (toll free)
Web site: www.wsib.on.ca
Industry contact for employers of 20 or more workers:
Municipal – Lillian Embersic
Business Assistant
Telephone: (416) 344-6409
1-800-387-0080
Fax: (416) 344-4684
E-mail: lillian_embersic@wsib.on.ca
Enquiries regarding WSIB policies should be directed to:
Benefits Policy
Telephone: (416) 344-4330
1-800-387-5540, ext. 4330 (toll free)
E-mail: bpb@wsib.on.ca
Medical and Occupational Disease Policy (MODP)
Telephone: (416) 344-4365
1-800-387-5540, ext 4365 (toll free)
E-mail: modpb@wsib.on.ca
Please note that staff members of these policy branches are not decision makers and do not have access to worker claim files or employer account information. For questions specific to claim files, please contact the claims adjudicator. For questions relating to an employer’s account, contact the account manager.
Appendix B
WSIB Facts and Figures 2006
Each year, benefits are indexed by the appropriate indexing factor. For 2006:
the general indexing factor (Modified Friedland or MF) is 0.3%, and
the alternate-indexing factor (Consumer Price Index or CPI) is 2.6%.
In the first two columns, you will find the section of the WSIA and the
legislated dollar amount under that section. In the third, you will find the
indexed amount for 2006. For more information about indexing, please refer to
18-01-02, Benefit Dollar Amounts - Accidents from 1998, and 18 01 03, Benefit
Dollar Amounts - Accidents before 1998, in the Operational Policy manual.
| Section | Legislated dollar amount | 2006 $ amount |
| 43(2) | The minimum annual amount for full loss of earnings (LOE) is the lesser
of $15,312.51, or the worker’s net average earnings (NAE) before injury. |
$15,575.04 |
| 45(6) | Retirement pension: Benefit paid as a lump sum if it is less than $1,145.63/year. | $1165.24 |
| 46 | Non-economic Loss (NEL) benefit: Base amount = $51,535.57 Age Factor: Plus/minus $1,145.63 for each year worker is under / over age 45 Maximum amount multiplied by percentage of impairment = $74,439.52 Minimum amount multiplied by percentage of impairment = $28,631.22 The benefit is paid as a lump sum if it is $11,452.07 or less. |
$52,417.15 $1,165.24
|
| 48(2) | Lump sum to surviving spouse: Base amount = $55,555.55 Age factor: Plus/minus $1,388.88 for each year spouse is under / over age 40 Maximum lump sum = $83,333.30 Minimum lump sum = $27,777.76 |
$67,166.74 $1,679.17 $100,750.06 $33,583.35 |
| 48(4) | The minimum compensation amount payable for spouse and children = $15,312.51/year | $19,069.44 |
| 48(8) | If more than one person is entitled to receive periodic and lump sum payments as a spouse§ the total periodic payment does not exceed 85% of worker’s NAE at the time of injury, and§ the total lump sum payment is limited to $83,333.30 | $100,750.66 |
| 48(13) | Aggregate lump sum payment for children when there is no surviving spouse = $55,555.55 | $67,166.74 |
| 48(22) | Minimum burial or cremation expenses = $2083.32 | $2,518.76 |
| 54 | Maximum earnings ceiling: 175% of the average industrial wage for Ontario for the year 2006 (in which the accident takes place) | $69,400.00 |
| Pre-1998 WCA | ||
| 39(1) | The minimum temporary total disability benefit to a worker is§ $10,500 / year when the NAE are equal to or more than $10,500, or§ the actual NAE if earnings are less than $10,500 / year | $15,575.04 |
| 50(3) | Maximum clothing allowance: - upper limb prosthesis = $184 - lower limb prosthesis / back brace / leg brace = $368 | $255.56$511.12 |
| 147(14) | Additional monthly payment of up to $200 for workers in receipt of permanent partial disability benefits | $211.85 |
Appendix C
WSIB 2006 - Table of Rates
Every year, the WSIB reviews and sets the following rates after conducting an
external survey of costs for each specific rate. The only exception is the
minimum burial rate. This rate is indexed annually according to the
alternate-indexing factor, the Consumer Price Index (CPI).
The rates apply as of January 1, 2006.
For more information on the rates, please refer to the policy documents
referenced in the table.
| Benefit | Last year’s rate | Rate in 2006 | OP Document |
| Independent Living Allowance | $3,250.65 / year | $ 3,335.13 / year | 17-06-02 |
| Personal Care Allowance General Attendant Rate* Personal Attendant Rate Skilled Attendant Rate Bookkeeping Fee * set at minimum wage |
$7.45/hr $10.95/hr $17.52/hr $720.00 annually |
$7.75/hr* $11.23/hr $17.98/hr $720.00 annually |
17-06-05 |
| Clothing Allowance | min. damage $255.56 max. maj. damage $511.12 max. |
min. damage $255.56 max. maj. damage $511.12 max. |
17-07-03 |
| Escorts | $59.60/day | $62.00/day | 17-01-08 |
| Burial Expenses | $2,454.93 minimum Maximum – All expenses reasonably connected to burial or cremation |
$2,518.76 minimum Maximum – All expenses reasonably connected to burial or cremation |
20-03-02 |
| Guide and Support Dog Allowance | $880.55 annually | $903.44 annually | 17-06-04 |
| Meal Allowance Breakfast Lunch Dinner |
$10.00 $13.00 $22.00 |
$10.00 $15.00 $22.00 |
17-01-09 |
| Hotels (as accommodation) | Rates negotiated with various hotels | Rates negotiated with various hotels | 17-01-09 |
| Transportation | $0.34/km | $0.37/km | 17-01-09 |
| Witness Fees (hearings)AttendanceProfessional Non-professional |
$50.00Full day $600.00Half day $300.00Full day up to $110.96Half day up to $55.48 | $50.00Full day $600.00Half day $300.00Full day up to $110.96Half day up to $55.48 | 24-01-01 |
Appendix D
Useful Web Sites and Links
WSIB Links
WSIB Home Page
www.wsib.on.ca/wsib/wsibsite.nsf/public/Home_e
WSIB Fact Sheets
www.wsib.on.ca/wsib/wsibsite.nsf/public/FactSheets
WSIB Operational Policy Manual
www.wsib.on.ca/wsib/wopm.nsf/home/opmhome
WSIB Employer Classification Manual
www.wsib.on.ca/wsib/wecm.nsf/home/ecmhome
Detailed WSIB Survivors Benefits Guide
www.wsib.on.ca/wsib/wsibsite.nsf/public/ODSBP
WSIB Contact Information
www.wsib.on.ca/wsib/wsibsite.nsf/public/Contact
Other Links
Workplace Safety and Insurance Act, 1997
www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_97w16_e.htm
Ontario Ministry of Labour
www.labour.gov.on.ca
Ontario Professional Fire Fighters Association
www.opffa.org
Ontario Association of Fire Chiefs
www.oafc.on.ca
Fire Fighters Association of Ontario
www.ffao.on.ca
Office of the Fire Marshal
www.ofm.gov.on.ca
Appendix E
Fire Service & Firefighter Associations
Some fire service and firefighter associations in Ontario may provide
assistance with submitting WSIB benefit claims and with making funeral
arrangements and covering some of the cost. Fire departments and surviving
family members may wish to contact the associations listed below to enquire
about the type of assistance available.
Ontario
Professional Fire Fighters Association
292 Plains Road East
Burlington, Ontario
L7T 2C6
Telephone: (905) 681-7111
Fax: (905) 681-1489
Web site:
www.opffa.org
Fire Fighters
Association of Ontario
John Scheeringa
6 Eagle Drive
Elmira, Ontario
N3B 3J1
Telephone: (519) 669-8768 (home)
(519) 575-2627 (cell)
E-mail:
efd119@rogers.com
Web site:
www.ffao.on.ca
Ontario
Association of Fire Chiefs
335 Bayly Street West, Suite 206
Ajax, Ontario
L1S 6M2
Telephone: 1-800-774-6651 (toll free)
Fax: 1-905-426-3032
E-mail:
administration@oafc.on.ca
Web site:
www.oafc.on.ca
Canadian Fallen
Firefighters Foundation
133 Walnut Court
Ottawa, Ontario
K1R 7W2
Dr. Will Brooks, President
Telephone: (613) 569-8297
(613) 282-0161
Fax:
(613) 569-8544
E-mail:
cfff@sympatico.ca
Appendix F
Firefighter Memorials
Ontario Fallen Firefighters Memorial
The Ontario Fallen Firefighters Memorial was dedicated on June 5, 2005 at
Queen’s Park in Toronto. The memorial commemorates fallen firefighters who
sacrificed their lives while protecting the lives and property of the residents
in their communities, as well as the environment in our province.
When a firefighter dies while on duty, the memorial foundation should be
notified so that the firefighter’s name can be engraved on the memorial.
The Ontario Association of Fire Chiefs, the Ontario Professional Fire Fighters
Association and the Fire Fighters Association of Ontario each have a
representative as a member of the memorial foundation. To submit a name for
inclusion on the memorial, please contact one of these associations to speak to
their memorial foundation representative. See Appendix E for contact
information.
Canadian Fallen Firefighters Foundation
The Canadian Fallen Firefighters Foundation has as one of its goals to build a
firefighter memorial in Ottawa. The Foundation maintains a list of names of
firefighters who have died in the line of duty. Instructions on how to submit a
name to the Foundation can be found at
www.cfff.ca/fallen/submit-name_e.php.
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