On April 13, 2026, the Ministry of Labour, Immigration, Training and Skills Development issued a news release identifying the Ontario government’s proposed amendments to the Workplace Safety and Insurance Act, 1997 (“WSIA“).
One of the primary changes proposed is an increase from the current level of Loss-of-Earnings (“LOE”) benefits payable to workers, from 85% of a worker’s pre-injury net average earnings to 90%. This represents the first increase to income replacement benefits that would be seen in 30 years.
An increase to payable LOE benefits, if passed, may impact employers by leading to an overall increase in claim costs on their WSIB accounts, particularly in workplaces experiencing a high frequency of lost-time claims. This potential expansion of limits on LOE benefits payable to workers creates further incentive for employers to take a proactive approach to Return-to-Work planning and to provide injured workers with an offer of suitable work as soon as reasonably possible following a work-related injury.
The proposed amendments also would eliminate the WSIA‘s age cut-off for receipt of LOE benefits. Presently, the WSIA restricts receipt of LOE benefits to workers under the age of 65, or, in the case of workers older than 63 when injured, up to a maximum of two years following their date of injury. The proposed elimination of the 65-year cut-off would allow workers who intend to work past the age of 65 to keep receiving LOE benefits at the discretion of the WSIB. It is unclear how the WSIB would exercise such discretion, or what criteria would be used to establish an “intent” to work past the age of 65. A decision to continue working may depend on several factors unrelated to a workplace injury, such as current age, overall health and financial security. It is easy to speculate that such a change may lead to more pro-active inquiries regarding a worker’s plans for retirement, in parallel with employers’ obligations to provide a workplace free from age discrimination.
Update (as of April 21, 2026):
The Ontario government has provided further details regarding the proposed changes to the WSIA, including its intent to implement same as part of the Protecting Ontario’s Workers and Economic Resilience (“POWER”) Act, 2026. The associated media briefing confirms the intended raise in Loss-of-Earnings (“LOE”) quantum to 90% of a worker’s pre-injury wages, citing the WSIB’s stronger financial position and elimination of unfunded liability as incentives to reverse the initial 1998 reduction of benefits to 85%.
More details are also now available regarding the how the proposed extension of LOE benefits past age 65 would be implemented. For workers between the ages of 63 or 65, or within two years of their injury (depending on the age of the worker at the time of the injury), workers would be allowed to make a request to continue LOE benefits past age 65. Such a request would trigger an assessment by the WSIB of whether the worker is in fact likely to continue working past age 65 in suitable and available employment.
In addition to the foregoing, the POWER Act, 2026 would also bring with it further changes to the rules surrounding the WSIB’s assessment of LOE benefits, including a maximum threshold for income that injured workers can receive from “collateral benefits” before applying a relative reduction to their LOE. The proposed threshold would require the WSIB to reduce a worker’s LOE benefit if the total amount of income that they receive from the WSIB and other sources exceeds 100% of their pre-injury net average earnings. This would be coupled with an expansion on WSIB discretion that would remove the 72-month lock-in for LOE benefits in respect of certain specified cohorts of workers, allowing the WSIB to review the quantum of those workers’ LOE benefits at any point during the claim.
From an employer accounts and registration perspective, the Act would also propose WSIA amendments obliging all residential care facilities and group homes – regardless of whether they are operated privately or publicly – to register for mandatory WSIB coverage. The present WSIA exempts privately-owned facilities from its scope, but requires public facilities to maintain coverage. This prospective change would be subject to a consultation period with relevant stakeholders and is anticipated to increase access to coverage for workers such as Personal Support Workers, Registered Practical Nurses and Registered Nurses.
