At exactly 72 months (6 years) post-injury, the Ontario WSIB locks in your Loss of Earnings (LOE) benefits at the current statutory rate of 85% of your net pre-injury earnings until you turn 65. However, under the newly enacted Protecting Ontario’s Workers and Economic Resilience Act, 2026 (Bill 105, or the POWER Act), which received Royal Assent on June 2, 2026, upcoming reforms propose to increase the LOE rate to 90% for new claims, allow extensions past age 65, and completely abolish the 72-month lock-in. Until these WSIB provisions are formally proclaimed in force by the Lieutenant Governor, the hard 72-month lock-in remains active and legally binding under Section 44 of the WSIA.
Suffering a severe workplace injury changes the trajectory of your life, and navigating the workers’ compensation system can be an incredibly anxious experience. Whether you live in Toronto, Sudbury, or Hamilton, relying on the Workplace Safety and Insurance Board (WSIB) for your primary income is stressful. The system currently provides Loss of Earnings (LOE) benefits at a statutory rate of 85% of net pre-injury earnings to replace lost income. How long and how permanently you receive these payments is governed by strict statutory milestones. 🕰
Under the current active framework of the Workplace Safety and Insurance Act (WSIA), Section 44 establishes a strict milestone known as the 72-month lock-in period. When you reach the six-year anniversary of your injury, your LOE benefits are locked in permanently until you turn 65, meaning the WSIB generally cannot review or adjust your payments after this point. However, you should be aware of a major legislative development: the Protecting Ontario’s Workers and Economic Resilience Act, 2026 (Bill 105, or the POWER Act), which received Royal Assent on June 2, 2026. Once its WSIB reform provisions (Schedule 9) are formally proclaimed in force by the Lieutenant Governor, Bill 105 will increase LOE benefits to 90% for new claims, allow extensions past age 65, and completely abolish the 72-month lock-in. Until these changes are proclaimed in force, the existing 72-month lock-in and 85% rate remain the active law of the province. Retaining an experienced WSIB legal representative is vital to protect your locked-in rate under the current rules. 📈
Step-by-Step Process for the 72-Month Final Review in Ontario
As you approach the major six-year milestone, the WSIB triggers a comprehensive final review process to establish your locked-in LOE benefit rate. Here is how the review process currently unfolds for injured workers under the board’s active operational policies.
Step 1: Receiving the 67-Month Warning Notice
The formal data collection process begins in the months leading up to the six-year anniversary. Under WSIB Operational Policy Manual Document 18-03-06, the board officially initiates the final review at the 67th month post-injury. The WSIB will send you a formal warning notice to collect current information regarding your medical status, employment, and earnings. This is your critical window to gather updated medical evidence. If your condition has worsened, you must see your family doctor or specialist to ensure your medical file is completely up to date. 📅
Step 2: Participating in the Final Medical Assessment
The WSIB needs to determine if you have reached Maximum Medical Recovery (MMR). They may require you to attend a specialized medical assessment to measure your permanent physical or psychological impairments. If the WSIB doctor believes you have healed more than your own doctor claims, they might try to reduce your LOE benefits before the 72-month lock-in date occurs. 🔍
Step 3: Assessing Your Suitable Occupation (SO)
If you cannot return to your pre-injury job, the WSIB will determine your Suitable Occupation (SO). This is a theoretical job they believe you can safely perform with your current injuries. Even if you are not actually working in that job, the WSIB may deduct the theoretical minimum wage (or higher) of that SO from your LOE benefits. Your lawyer will fiercely debate whether this target job is actually realistic for you in the current Ontario job market. 💰
Step 4: The 72-Month Decision Letter
Exactly 72 months after your date of injury, you will receive your final 72-month LOE review decision letter. Under current active Section 44 rules, this document officially locks in your LOE rate permanently. Once locked in, your monthly benefit (e.g., $500 CAD to $3,000 CAD a month, calculated at the active statutory rate of 85% of net pre-injury earnings) cannot be reviewed or adjusted by the board, except under extremely narrow exceptions. Note that while Bill 105 received Royal Assent on June 2, 2026, its proposed Section 44.1 will only take effect once proclaimed in force by the Lieutenant Governor, at which point it would abolish this lock-in for most claims and allow the WSIB to review benefits post-72 months. Until that proclamation occurs, the permanent lock-in remains your statutory right. ⏱️
Step 5: Challenging the Lock-in Amount
If you disagree with the board’s final locked-in LOE amount or their Suitable Occupation (SO) determination, you are not out of options. You have the right to appeal the decision by filing an Intent to Object form. It is highly recommended to seek representation from a skilled workers’ compensation lawyer or the Office of the Worker Adviser (OWA) to build a strong case for the Workplace Safety and Insurance Appeals Tribunal (WSIAT). 💼
How Much Does it Cost to Appeal in Ontario?
Fighting a WSIB decision involves specific financial considerations. As of June 2026, here is what you can expect if you need to challenge your 72-month lock-in:
- WSIB Filing Fees: $0. It is completely free to file an appeal with the WSIB or the WSIAT.
- Office of the Worker Adviser (OWA): $0. This is a free provincial agency that helps non-unionized workers, but their waitlists can be extremely long.
- Private WSIB Law Firms: Many private lawyers and paralegals work on a contingency fee basis, meaning they take 15% to 30% of the retroactive lump sum they win for you. If they lose, you generally pay no legal fees.
- Medical Reports: Obtaining updated specialist reports or functional abilities evaluations can cost you between $150 and $1,500 CAD out of pocket.
How Long Does the Process Take?
Timelines in the WSIB system are strict and unforgiving. Once you receive your 72-month lock-in decision letter, you have exactly 6 months to submit your Intent to Object. If you miss this deadline, the decision becomes permanent and is incredibly difficult to overturn. If you do appeal, waiting for a final hearing at the WSIAT can easily take 12 to 24 months due to significant provincial backlogs. ⌛️
Frequently Asked Questions (FAQ)
Can the WSIB change my benefits after the 72 months?
Under current active law (Section 44 of the WSIA), generally no. The 72-month lock-in is designed to be permanent, protecting your benefits from future reviews until age 65. The only exception is a rare “significant deterioration” of your work-related injury. However, be aware that although Bill 105 received Royal Assent on June 2, 2026, once its WSIB provisions are proclaimed in force, they will abolish this lock-in for most claims, allowing the WSIB to review LOE benefits post-72 months at any time.
What happens if I start working after my benefits are locked in?
Under current active law, because your LOE benefits are permanently locked in at the 72-month mark, the WSIB cannot reduce your payments if your earnings increase. You are free to find better-paying employment without penalty, though you must still report significant material changes. However, once the WSIB provisions of Bill 105 are proclaimed in force and the lock-in is abolished for most claims, any increases in earnings would be subject to ongoing review and could result in the WSIB adjusting your benefits.
Do I still get medical benefits after 72 months?
Yes. The 72-month lock-in only applies to your Loss of Earnings (LOE) financial payments. Your entitlement to WSIB health care benefits, prescription coverage, and physiotherapy for your specific workplace injury continues for as long as you medically require them.
What happens to my money when I turn 65?
Under current active law, yes, your LOE benefits automatically cease at age 65. If you received LOE for more than 24 continuous months, the WSIB has set aside 5% of your benefits in a Loss of Retirement Income (LRI) fund, which you receive as a lump sum or monthly pension at 65. However, although Bill 105 received Royal Assent on June 2, 2026, once its WSIB provisions are proclaimed in force, they will allow workers to apply (between ages 63 and 65) to extend LOE benefits past age 65 if they can prove they would have continued working if not for their injury. Until these provisions are proclaimed in force, the age 65 cutoff remains the law.
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