Ontario is revamping how it compensates injured migrant workers who are unable to return to their original job due to injury but can work in other roles. Previously, the Workplace Safety and Insurance Board (WSIB) paid workers 85% of their salary if they were hurt on the job and unable to return to that role, but claws back money that is earned from other work.
WSIB president Jeff Lang acknowledged the unfairness of this practice, particularly for migrant workers who return home after injury and earn significantly less in their countries than they would for the same job in Ontario. The WSIB is now reviewing 50 claims dating back to 2007 and will likely be paying out millions in retroactive compensation.
Lang apologized for the province’s previous treatment of injured migrant workers and emphasized the WSIB’s commitment to treating all workers equally, with dignity, respect, and compassion.
The changes stem from a 2021 Workplace Safety and Insurance Appeals Tribunal ruling that found the WSIB was wrong to assume seasonal migrant workers were eligible for a maximum of 12 weeks of income-loss compensation through the Seasonal Agricultural Worker Program. The tribunal ruled that the long-term loss of earnings benefits for migrant agricultural workers should be based on their ability to earn in their actual local or regional labor market.
This ruling prompted the WSIB to review its interpretation of the legislation and implement changes to ensure injured migrant workers are fairly compensated.
