Ontario Network of Injured Workers Groups calls practice 'discriminatory'
The Ontario Network of Injured Workers Groups (ONIWG) held a hybrid press conference today, advocating for the removal of the age cap on Loss of Earnings (LOE) benefits for older injured workers under the Workplace Safety and Insurance Board (WSIB). The press conference, which took place at the OPSEU Office in Thunder Bay, highlighted the discriminatory nature of the current legislation and urged the provincial government to amend the Workplace Safety and Insurance Act (WSIA).
According to the WSIA, injured workers are only eligible for LOE benefits until the age of 65, or for a maximum of two years if they are injured at 63 or older. Chris Grawey, a representative from ONIWG, explained the historical context of this legislation: “In 1990, the legislation was changed to a wage loss system with benefits lasting until age 65, which was logical at the time due to mandatory retirement being common practice. However, by 2005, mandatory retirement was abolished, yet the age cap on benefits remained, creating a clear case of age discrimination.”
The press conference featured several speakers, including NDP MPP Lise Vaugeois, who voiced strong support for the cause. "People are working much longer than age 65," Vaugeois noted. "The courts and the Human Rights Tribunal have already ruled that this age cut-off is not acceptable. We need WSIB payments to reflect the current reality of longer working lives."
Grawey emphasized that the issue is particularly pressing given the changing demographics of the workforce. “The participation of older workers in the labor force has significantly increased. From 2012 to 2023, lost time claims for workers aged 60 to 64 rose by 73%, while claims for those aged 65 or older surged by 164%,” he stated. These statistics underscore the growing number of older workers who remain in the workforce out of necessity or choice, necessitating a re-evaluation of current policies.
During the conference, Eugene Lefrancois, president of the Thunder Bay & District Injured Workers Group, shared his personal experience with the age cap. "I turned 65 in April and lost $6,000 a year because of this age limit," he said. "It's discriminatory and draconian. Ontario needs to stop prioritizing employer rebates over the welfare of injured workers."
ONIWG is calling for legislative amendments similar to those in British Columbia and Alberta, where more flexible approaches to wage loss benefits for older injured workers are in place. In these provinces, workers can receive benefits beyond the age of 65 if they can prove they intended to work longer.
The press conference concluded with a call to action from Grawey. “We request that the government takes immediate steps to remedy this discrimination rather than waiting for lengthy legal battles. The WSIB’s financial health has been robust, with billions of dollars returned to corporations through rebates and premium reductions. It’s time to prioritize the needs of injured workers.”
The ONIWG continues to advocate for this critical change, aiming to ensure that all workers, regardless of age, receive fair and just compensation for their injuries. The press conference underscored the urgent need for legislative reform to address this long-standing issue of age discrimination in Ontario's workers' compensation system.
