WSIB Loss of Earnings (LOE) Benefits in Ontario: How They Work and How They’re Calculated
If you’ve been injured at work in Ontario, Loss of Earnings benefits from WSIB replace 85% of the wages you lost — but only if your claim is accepted, proper...
Frequently Asked Questions
How is the 85% LOE rate calculated?
WSIB pays 85% of pre-injury net average earnings. “Net” means after deductions for income tax, CPP, and EI — take-home pay, not gross. Pre-injury earnings are calculated from the worker’s actual recent pay, averaged over a representative period.
What is the WSIB wage cap and how does it affect benefits?
WSIB has an annual maximum insurable earnings cap, updated each year. Workers earning above the cap have their LOE calculated using the capped figure, not their actual income. High earners typically need supplementary income protection outside WSIB.
How long do LOE benefits last?
LOE continues until the worker recovers, returns to suitable work, turns 65, or — for workers 63 or older at injury — receives 72 months of benefits. The 65 cutoff is strict, after which the worker transitions to retirement income.
What is the deadline to appeal a WSIB LOE decision?
Most WSIB decisions can be objected to within 6 months of the decision letter. Return-to-work decisions have a shorter 30-day deadline. Missing the deadline usually ends the appeal, although extensions are sometimes granted in compelling cases.
What is WSIAT and when do I file there?
WSIAT is the Workplace Safety and Insurance Appeals Tribunal — the independent body that hears appeals from WSIB’s final internal decisions. WSIAT appeals are filed within 6 months of the WSIB final decision and are typically more formal than the internal review.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.