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Home / Blog / Benefits / Age / Age discrimination in Ontario’s workers’ compensation

Age discrimination in Ontario’s workers’ compensation

June 24, 2024

In an op-ed in Hamilton Spectator (June 24) Injured Workers Community Legal Clinic caseworkers Tebasum Durrani and Chris Grawey note that while the province celebrates June as Seniors Month, older injured workers continue to be at increased risk of poverty.

Under the Workplace safety and Insurance Act, injured workers can only access  WSIB loss of earnings (LOE) benefits until they turn 65 or for a maximum of two years if they get injured at 63 or older. This despite the reality that many older workers are staying in the workforce from financial necessity.  

The Ontario Network of Injured Workers and other advocates continue to push the labour minister to make changes that address the discriminatory age cut-off for wage loss benefits. They point to British Columbia and Alberta’s example, where eligibility for benefits is tied to an individual worker’s employment plans (proven intention to keep working after age 65), not their age… [Read full article]

See also ONIWG press release June 25, 2024: Scrap the age cap on workers’ compensation benefits for older injured workers (pdf)

Related reading:

  • Injured Workers Community Legal Clinic. 2024 Feb. 9. Presentation to the Standing Committee on Social Policy on Bill 149. Toronto: IWC
  • MacEachen, E., Hopwood, P., & Crouch, M. K. (2023). “Retirement pension poverty among injured workers with long-term workers’ compensation claims.” The Economic and Labour Relations Review, 34(4), 753–771. doi:10.1017/elr.2023.43 
  • Mulligan, C. 2016 Mar. 21. “Older workers want ‘fairness’ – Sudbury union.” Sudbury Star
  • Ontario Network Of Injured Workers Groups.  2012 July 19.  Media release:  Law Commission Reports Workers’ Compensation Age Limits Undermine the Worth and Dignity of Older Adults.  Stoney Creek: ONIWG
  • McKinnon, John (IWC). 2010. “Age-based Discrimination in Ontario’s Workers’ Compensation Laws : “Promises to Keep, and Miles to Go Before We Sleep…”  Presentation to the Canadian Conference on Elder Law, Toronto, Oct. 29

Filed Under: Age, Benefits, Injured workers, Law Reform, Poverty

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