Injuries Before 1998
The law covering workplace injuries has changed over the years. Workers who were injured before 1998 are not covered by the current version of the law. As a result, they are entitled to some different types of benefits than workers injured in 1998 or later.
The benefits available to workers injured prior to 1998 are determined by the date of the workplace injury. Injuries before 1998 are divided into two time periods:
- Injuries between January 2, 1990 and December 31, 1997
- Injuries before January 2, 1990
The main types of benefits available to workers injured during these times are explained below.
Workers injured between January 2, 1990 and December 31, 1997
Temporary disability benefits
Temporary disability benefits were the benefits paid at the beginning part of a claim. The WSIB paid temporary disability benefits until you recovered from your injury, began receiving future economic loss (FEL) benefits or refused suitable work that would have restored your pre-injury earnings.
Future economic loss (FEL) award
A FEL award replaces part of the lost earnings that result from a long-term workplace injury. FEL benefits are usually paid monthly and last until you reach age 65. Usually, the amount of a FEL award is 90 per cent of the difference between what the WSIB believes you can earn and the amount you made before your workplace injury.
On top of this, the WSIB can also pay you a FEL supplement if you are participating in medical rehabilitation, early and safe return to work or work transition.
Generally, the WSIB cannot review (and change) the amount of your FEL award more than five years (60 months) after it was granted. There are some exceptions to this rule: for more information, see FEL Reviews After 60-month Lock-in. Before the five-year date, the WSIB could review the amount of your FEL award every year or when you reported a material change in circumstances.
Non-economic Loss (NEL) award
A NEL award is meant to recognize the permanent effect of your workplace injury on your life outside of work. You can receive your NEL award as a monthly payment or lump sum. It is based on your degree of permanent impairment.
Health care benefits
Health care benefits cover the costs of treatment by medical professionals, prescription drugs and assistive devices. In cases of severe injury, the WSIB may also pay for attendant care or modifications to homes or vehicles.
Workers injured before January 2, 1990
Temporary disability benefits
Temporary disability benefits were the benefits paid at the beginning part of a claim. The WSIB paid temporary disability benefits until you recovered from your injury, began receiving a permanent disability pension or refused suitable work that would have restored your pre-injury earnings.
Permanent disability pensions
If your injury resulted in a permanent disability, you may be entitled to a lifetime pension as compensation for your loss of earning capacity. The amount of this pension is determined through a medical examination performed by a WSIB doctor.
Pensions are usually paid as a monthly amount. If certain requirements are met, the WSIB may agree to pay your pension as a lump sum.
If your work-related injury has worsened since you were assessed for your pension, you may be able to apply to the WSIB to have your pension increased.
Pension supplements
Since a permanent disability pension is based only on a medical exam, it may not fully repay you for your lost earnings. In some cases, the WSIB will add an extra amount called a supplement to your pension to partly make up the difference.
Health care benefits
Health care benefits cover the costs of treatment by medical professionals, prescription drugs and assistive devices. In cases of severe injury, the WSIB may also pay for attendant care or modifications to homes or vehicles.
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Important Information
This publication contains general information only. It is not legal advice about a particular situation and is not intended to replace advice from a qualified representative. This publication was last updated on the revision date listed below.
February 7, 2013