Current WSIB Policy on Age and Benefits:

Under the Workplace Safety and Insurance Act, certain benefits for injured workers are limited by age.

Key rules currently include:

• Loss of Earnings (LOE) benefits generally end at age 65, regardless of whether the injured worker intended to continue working.
• If a worker is injured at age 63 or older, LOE benefits typically last only two years.

These provisions were created when mandatory retirement at age 65 was common, but that requirement was removed in Ontario in 2006. Critics argue that the workers’ compensation system has not kept pace with modern workforce realities, where many people work well beyond age 65.

As a result, older injured workers may lose income replacement benefits even if they would have continued working.

Why Advocates Say the System Is Discriminatory:

Injured worker groups, legal advocates, and labour organizations argue that the current rules treat workers differently solely based on age.

Their concerns include:

• Workers can lose benefits despite permanent workplace injuries.
• The system assumes retirement at 65 even though many Ontarians continue working past that age.
• Older workers in physically demanding or low-income jobs may suffer the greatest financial harm.

Advocates also argue that the policy conflicts with modern labour market conditions and equality principles, and some believe it may violate Canadian Charter equality protections.

Proposed Reform Options:

A recent report from injured worker organizations proposes replacing the current age cut-off with a more flexible system based on actual work intentions rather than age alone.

One suggested model would allow compensation to continue until the latest of:

• Age 70 for workers injured before age 65
• Five years after the injury for workers injured at age 65 or older
• A later date if the WSIB determines the worker would have remained employed longer.

This approach aims to reflect the reality that many workers remain in the workforce longer than in previous decades.

Government Response:

Ontario’s Minister of Labour acknowledged the issue and stated in the provincial legislature that the government plans to eliminate the age discrimination provisions in the WSIB system.

However, the government did not provide a specific timeline for introducing legislation or implementing policy changes.

Because of this uncertainty:

• Advocates consider the announcement a positive step, but only a partial victory.
• Many are waiting to see if reforms will be included in the next “Working for Workers” legislative package, which is the province’s ongoing series of labour reforms.

Advocacy Efforts and Political Pressure:

The issue gained attention through a lobby day and press conference at Queen’s Park, attended by:

• Members of Provincial Parliament from multiple parties
• Representatives from approximately 12 labour unions and injured worker organizations.

Advocates released a report highlighting the impact of the current system and urging the government to amend the law to remove age-based restrictions on benefits.

Broader Context: Changing Workforce Demographics:

The debate reflects broader trends in Ontario’s labour market:

• Many workers are remaining employed longer due to rising living costs or personal choice.
• Mandatory retirement rules have been abolished.
• Older workers represent a growing share of the workforce.

Critics argue the WSIB system still operates on outdated assumptions about retirement age, which can leave injured workers without adequate financial support.

Potential Impact of Reform:

If Ontario changes the law as promised, it could significantly affect the workers’ compensation system.

Possible outcomes include:

For injured workers

• Continued access to income replacement benefits beyond age 65
• Fairer treatment for workers who planned to remain employed longer

For the WSIB system

• Changes to benefit calculation and duration rules
• Potential increases in compensation costs

For employers and policymakers

• A workers’ compensation framework that better reflects modern employment patterns and longer careers.
  

 Overall Significance:

This article highlights a major policy debate in Ontario’s workers’ compensation system: whether the current age-based limits on WSIB benefits unfairly discriminate against older workers. While the provincial government has promised to eliminate these discriminatory provisions, it has not yet provided details or a timeline for reform. As a result, injured worker groups and labour advocates continue to push for concrete legislative changes to ensure that compensation benefits are based on a worker’s circumstances rather than their age