Ontario introduces 'super indexing' to boost compensation benefits

Province also enhances access to esophageal cancer coverage for firefighters

Ontario introduces 'super indexing' to boost compensation benefits

Ontario has just announced a number of initiatives to provide more help to injured workers and firefighters in the province.

The provincial government will soon introduce legislation that, if passed, would allow for “super indexing” increases to Workplace Safety and Insurance Board (WSIB) benefits above the annual rate of inflation. Currently, the number of worker and survivor WSIB claims that are indexed to inflation each year is 134,000, according to the government.

The proposed “super-indexing” amendments to the Workplace Safety Insurance Act, 1997 would enable the Lieutenant Governor in Council to make regulations setting out additional indexation increases to WSIB benefit payments and the maximum earnings cap, and set out the dates on which they are to be imposed.

“Our government has heard loud and clear that injured workers need more support, which is why we’re taking action,” said David Piccini, minister of labour, immigration, training and skills development. “Whether it is an injured worker struggling to get by, a firefighter who served their community with distinction, or a young parent fighting a sudden diagnosis, we have your back.”

WSIB workers considered going on strike earlier this year.

For an injured worker who earns $70,000 a year, a 2% increase could mean an additional $900 annually on top of cost-of-living adjustments, which were 6.5% in 2023, explained the government.

Ontario is also looking to introduce a regulation under the legislation that would add poisonings by chlorine, ammonia and hydrogen sulfide to the list of presumed occupational diseases.

Approximately 5,000,000 workers and 325,000 employers are covered by Ontario’s Workplace Safety and Insurance Act, 1997.

The British Columbia government also previously revised its Workers Compensation Act to better support workers who get injured in the line of duty within the province.

Cancer coverage, job-protected leave

Ontario is also making it easier for firefighters to have access to coverage for esophageal cancer. 

The government is lowering the duration of employment needed to receive presumed (automatic) compensation prior to diagnosis with this cancer from 25 to 15 years.

"Esophageal cancer is a highly fatal cancer that is rarely detected until the cancer is in its advanced stage, recent research has shown that the appropriate latency period should be 15 years,” said Greg Horton, president of the Ontario Professional Firefighters Association.

“We thank Ontario’s elected leaders for recognizing that the legislation requires updating to ensure that firefighters, such as Welland Captain Craig Bowman, don’t slip through the cracks, and that they and their families receive fair treatment should they become ill, disabled or die because of their occupation and service to the public."

Ontario is also looking to provide some paid time off to help workers dealing with cancer or other illnesses. The government will be launching consultations on a new, job-protected leave to match the length of federal Employment Insurance sickness benefits, which is 26 weeks.

Such a benefit would ensure that workers will have their jobs back so they can focus more on seeking treatment, according to the government.

“Ontarians should be able to focus on their cancer treatment without worrying about what it means for their job or how their family will pay their bills,” said Hillary Buchan-Terrell, advocacy manager for the Canadian Cancer Society. “We look forward to engaging with the government during this consultation to ensure the perspectives and concerns of cancer patients in Ontario are heard.”

The government, on Monday, will also launch consultations to restrict the use of Non-Disclosure Agreements in cases of workplace sexual misconduct.

Recently, Saskatchewan unveiled its plans to introduce the Workers' Compensation (Extending Firefighter Coverage) Amendment Act during the upcoming fall legislative session. If successfully passed, the legislation would introduce a groundbreaking expansion to the Saskatchewan Workers' Compensation Board's presumptive cancer coverage.