ONIWG Media Advisory: WSIB Benefits & Age Discrimination
THUNDER BAY, Ontario, June 25, 2025 (GLOBE NEWSWIRE) -- In recognition of Seniors’ Month, the Ontario Network of Injured Workers Groups and the Thunder Bay & District Injured Workers Support Group will host a hybrid press conference on Age-Discrimination in the WSIB system of benefits on June 26th, 2025, from 1-1:30 pm, at the PSAC office, 301-1113 Jade Court, Thunder Bay. If you cannot attend in person, use this meeting link: https://us02web.zoom.us/j/83032857082?pwd=RFNLqigVjBViZDBL4dAn9ywp4mc7ty.1
Since 1990, worker’s compensation law in Ontario has limited the amount of benefits available to injured workers based on age. At the time, this was justified due to the mandatory age-65 retirement.
The mandatory retirement age of 65 was struck down in 2006 as discriminatory, and the law was repealed in 2007. The WSIB told the Ontario Human Rights Commission they needed time to make changes because of the complexities involved. 18+ years later, the age restrictions on WSIB benefits continue.
According to injured worker Brian Ellacott: “I worked in the bricklaying trade for more than 40 years. I always thought that if I were injured the WSIB would have my back. I found out the hard way that wasn’t the case. The Board cut off my Loss of Earnings (LOE) benefits while I was still recovering and while they were retraining me, simply because of my age. This is clearly age discrimination and the law needs to change.”
Under the current Workplace Safety and Insurance Act (WSIA):
- Wage loss benefits for workers under age 63 at the time of injury end at age 65.
- Workers over 63 when injured get a maximum of 2 years of wage loss benefits from the date of accident.
- Workers over age 63 when injured get no WSIB contribution to the Loss of Retirement Income benefit.
- The employer’s obligation to re-employ a worker if they recover does not apply to those workers age 65 or older.
- The Non-Economic Loss also decreases by age: those injured between 45 and 65 get less than those under age 45, even if their permanent impairment is the same.
Most workers make their financial planning decisions – mortgages, loans, kids’ education costs, bills - based, in part, on how long they intend to work. Many workers are living paycheque to paycheque. No one expects to get hurt at work, let alone to be hurt badly enough to be unable to work or to end up with a permanent injury and restrictions. Few think about the immediate financial crunch that will happen if they are injured at work. Fewer still understand the limitations on wage loss benefits that they will face because of the age 65 restrictions in the WSIA legislation.
The realities of the economy have shifted. Many people continue to work past age 65 by choice or by necessity. This steadily increasing trend will likely continue due to the recent unprecedented cost-of-living increases.
There has been a significant increase in the number of older workers injured in the workplace. A workplace injury can leave them destitute in their “golden” years because of the legislated age discrimination.
Other provinces amended their legislation to allow wage loss benefits past age 65. Workers in BC and Alberta can get wage loss benefits past age 65 where there is evidence that they planned to retire at a later date.
Ontario needs to change the law. WSIB wage loss benefits should be payable as long as the wage loss from the workplace injury continues.
For more information:
- Media Backgrounder on Age Discrimination in Workplace Safety and Insurance Act, https://injuredworkersonline.org/media/fact-sheets
- Ontario Network of Injured Worker Groups – Janet Paterson, oniwgexec@gmail.com
- Thunder Bay & District Injured Workers Support Group - Eugene Lefrancois, eugenelefrancois1@gmail.com
- Ontario Legal Clinics Provincial Worker’s Compensation Network – Chris Grawey, Community Legal Worker/Licensed Paralegal, Injured Workers Community Legal Clinic, chris.grawey@iwc.clcj.ca 416-461-2411 Ext: 34
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