The WSIB announced that COVID-19 claims would not be charged to the specific employer’s accident cost record.  The costs will be charged to the employers collectively as an administrative cost and will not affect the individual employer’s premium rate under the new (2020) Rate Framework model. 

The WSIB also confirms that this decision will apply to Schedule 2 employers (self-insured), although the specific methodology has not been provided.  Those businesses eligible for Schedule 2 status include:  

• organizations funded by public funds (from the federal, provincial and/or municipal governments)
• organizations legislated by the province but self-funded
• A number of other businesses who are privately owned but involved in federally regulated industries such as telephone, airline, shipping and railway

Clarification is being sought, but presumably this decision applies to all allowed COVID-19 claims, both physical and psychological.  It is, therefore, important that employer’s track their claims and check cost statements and invoices as WSIB decisions and payments are made.

This is in addition to the financial relief for employers announced earlier – all WSIB payments can be deferred until August 31, 2020 without penalty or interest.  This includes premium remittance and payments for Schedule 1 (collective liability) employers and per-claim invoice payments for Schedule 2 (self-insured) employers. 

We will continue to update our clients with information as soon as it becomes available. If you have any questions about this topic, or other COVID-19 related questions, please do not hesitate to contact a Mathews Dinsdale lawyer, or refer to the Firm’s COVID-19 website resources.