IWC news

Injured workers deserve fairness, security, and a voice in decisions that affect their lives.

The Ontario legislature is back in session on October 27^th, and Bill 105 could be presented for third and final reading at any time. If it passes into law, Bill 105 will bring significant changes to Ontario’s workers’ compensation system. We must continue to push the government to amend Bill 105 so that it doesn’t hurt injured workers (see Bill 105 Lobby Kit here). But we must also make sure that as the Workplace Safety and Insurance Board (WSIB) prepares to implement changes it expects from Bill 105, it drafts its policies to best protect injured workers, particularly those living with permanent disabilities.

A letter to the WSIB, developed by lawyers, paralegals, community legal clinics, unions, injured worker organizations, and worker advocates, sets out concrete policy recommendations to help ensure these changes protect injured workers’ rights and well-being. Read the full letter here.

The letter addresses four critical areas: the removal of the 72-month lock-in for loss-of-earnings benefits, wage caps and benefit offsets, loss-of-earnings benefits beyond age 65, and WSIB transparency and accountability. It calls for clear rules, strong procedural protections, fair and consistent decisions, meaningful consultation with injured workers, and public reporting to ensure accountability.

We’re asking organizations across Ontario to add their voices.

By endorsing this letter, your organization can help demonstrate broad support for fair, transparent, and accountable WSIB policies that put injured workers first. The more organizations that stand together, the stronger our collective call for meaningful protections and consultation.

How to endorse

Please email workerscompisaright@gmail.com by Friday November 13 ^th, 2026 with the subject line: “Bill 105 Letter Endorsement”.

In your email, please include:

• Your organization’s name
• A contact email address for your organization
• Your organization’s logo, if available and if you would like it included with the endorsements

The WSIB’s chronic mental stress policy is “discriminatory, exclusionary and narrow,” said Chris Grawey of Injured Workers’ Consultants (IWC) “…essentially a get-out-of-compensation-free card for WSIB and employers.” While 2018 reforms expanded eligibility for  workers’ compensation to cover long-term stress on the job that accumulate over time (gradual onset), such as that caused by workplace harassment, abuse and excessive pressure, a Toronto Star report based on WSIB data obtained for the period 2018 to Dec. 2025 shows that 77% of adjudicated claims were denied.

While a slight improvement on the 90% denial rate reported in 2023, injured worker advocates point to discriminatory, restrictive requirements that discourage workers from filing claims in the first place. Article cites Chris Grawey (Injured workers Community Legal Clinic), researcher Stephanie Premji and IAVGO lawyer Maryth Yachnin on the  barriers encountered and the higher test required for chronic mental stress claims: rather than using the “significant contributing factor” test as for physical injuries, for psychological injuries workplace factors must be the “predominant cause”.

Read the full article: Alsharif, Ghada. 2026 Oct. 1. “Ontario expanded WSIB benefits for chronic on-the-job stress. Why most claims are denied.” Toronto Star

In an interview for the CBC, staff lawyer Kathrin Furniss joins other advocates in warning that injured workers with permanent or long-term injuries could lose a key protection with removal of the “lock-in” rule under proposed Ontario Bill 105, 2026 . The Bill is headed for third and final reading after the Legislative Assembly resumes in the fall (October 27).

“It will open up a lot more appeals, adjudication, fights and surveillance” (Kathrin Furniss, Injured workers Community Legal Centre lawyer)

Under the lock-in rule, injured workers with permanent or long-term injury receive a fixed amount of benefits for loss of earnings after six years until age 65, usually without the stress and uncertainty of having their claim perpetually open for re-challenge or reassessment. Though not a permanent guarantee (for example the WSIB can still review benefits if there is a significant change in circumstances), access to stable benefits without constant Board scrutiny and employer appeals allows workers to move on with their lives and recovery. Not having to “repeatedly revisit” traumatic experiences to re-justify entitlement to benefits is particularly critical for workers with mental stress injuries.

While acknowledging the Bill goes some way to addressing concerns long raised by the injured worker community (coverage, benefit rate increases, age discrimination), advocates argue these should not come at the cost of losing the lock-in.

CBC News was unable to receive a response from the Province on why it wants to remove the lock-in.

Read or listen to the full article:      Raveendran, R. 2026 Sep. 10. “Injured workers could lose key protection under proposed Ontario bill, advocates warn.” CBC News

Asked for comment in CBC’s coverage of Prince Edward Island WCB’s policy on surplus distribution regardless of employers’ track record of workplace safety, IWC’s caseworker Chris Grawey responds that “it’s insulting and disgraceful that there are no parameters and criteria.” 

“How would you feel … if … a friend or family member, a co-worker dies at work and then later on that year that company gets either a cheque for surplus distribution or a credit put on their account so they pay less next year,” said Grawey.

Unlike Ontario and Alberta, PEI lacks guardrails that prevent payouts to employers considered less safe.

Read or listen to the full article here: Sharkey, J. & J. Legge. 2026 Jul. 5. “Workers’ comp system returned $185M to PEI employers since 2015, even after workplace accidents.” CBC News

IWC’s response to the consultation on the Ontario’s proposed Critical Minerals Strategy addresses the high workplace injury rate of workers in the mining and quarrying industries and their need to have the same health and safety protections as all workers in Ontario. It calls on the government to state by regulation that there will be no exemptions for workers in special economic zones from the Occupational Health and Safety Act, the Workplace Safety and Insurance Act, the Labour Relations Act and the Employment Standards Act ….

Read the full submission (html) or download the pdf.

On May 13 IWC’s Orlando Buonastella & Kathrin Furniss, together with injured worker Marvin Mulder, made a presentation before the Standing Committee on Finance and Economic Affairs hearings on Bill 105 ‘s Schedule 9 amendments to the Workplace Safety and Insurance Act.

As also detailed in written submissions, IWC supports sections of the Bill that expand coverage to uncovered workers, increase the Loss of Earnings (LOE) benefits rate, and allow for LOE benefits to continue after the age 65 cut-off. However the Clinic finds that these changes are incomplete and proposes recommendations on LOE and Loss of Retirement Income, benefit retroactivity, retirement age of 70, re-employment obligations, universal coverage. Of particular concern, the proposal to terminate the 72-month lock-in of LOE benefits and the proposed cap to LOE benefits at 100% of Net Average Earnings (NAE).

Download the full submission.