In Ontario, a WSIB claim can technically remain open for your entire life if you have a permanent medical impairment. However, under the Workplace Safety and Insurance Act, your Loss of Earnings (LOE) benefits will generally lock in at the 72-month (6-year) mark, meaning the payment amount becomes permanent and rarely changes.
Dealing with a workplace injury can be deeply overwhelming, especially when you are unsure how long you will receive support. Many injured workers worry that the Workplace Safety and Insurance Board (WSIB) will simply close their file after a certain period, leaving them without financial or medical assistance. Fortunately, Ontario law provides ongoing protection for workers with permanent impairments.
📍 This guide will explain the lifecycle of a WSIB claim, how Maximum Medical Recovery (MMR) affects your file, and what the critical 72-month lock-in period means for your financial future.
Step-by-Step Process in Ontario
Whether you live in Toronto, Mississauga, or Ottawa, the process of managing a long-term WSIB claim generally follows these specific milestones. Understanding these steps can help you and your law firm plan for your long-term recovery.
Step 1: Reporting the Injury and Establishing the Claim
The process begins the moment you report your workplace injury. You must submit Form 6, your employer submits Form 7, and your healthcare provider submits Form 8. WSIB uses these documents to open your claim and begin issuing initial Loss of Earnings (LOE) benefits if you are unable to work.
Step 2: Reaching Maximum Medical Recovery (MMR)
As you undergo treatment, WSIB monitors your progress. Eventually, your doctor may determine that your condition has plateaued. This is known as Maximum Medical Recovery (MMR). Reaching MMR does not mean your claim closes; rather, it shifts the focus from active healing to managing a permanent impairment and determining your long-term capabilities.
Step 3: Work Transition and Return to Work (RTW)
If your permanent impairment prevents you from doing your pre-injury job, WSIB will offer Work Transition services. They will assess what suitable work you can perform. If you cannot return to any form of employment, your LOE benefits will continue.
Step 4: The 72-Month Lock-In Period
Under Ontario law, once your claim reaches 72 months (6 years) from the date of your injury, your LOE benefits officially “lock in.” At this stage, WSIB conducts a final review of your earnings and medical status. The benefit amount determined at this time is typically what you will receive until you reach age 65, regardless of minor fluctuations in your condition.
Step 5: Transitioning to Retirement Benefits
When you turn 65, your regular LOE benefits will stop. However, because WSIB sets aside 5% of your LOE benefits into a retirement fund throughout your claim, you will receive a Loss of Retirement Income (LRI) payout. Your claim remains open for medical coverage (like prescriptions or mobility aids) for the rest of your life.
How Much Does it Cost in Ontario?
Managing a WSIB claim involves understanding both the benefits you receive and any potential legal costs if you need to appeal a decision. Information is current as of May 2026.
- WSIB Filing Fees: $0 CAD. There are no fees to open or maintain a claim with the WSIB.
- Medical Costs: $0 CAD. WSIB fully covers approved medical treatments, prescriptions, and travel expenses (e.g., $0.41 per kilometre for travelling to appointments).
- Law Firm Fees: If you need to appeal a decision at the Workplace Safety and Insurance Appeals Tribunal (WSIAT), most workers’ compensation lawyers work on a contingency fee basis (often 15% to 30% of any retroactive benefits won) or charge hourly rates between $250 and $500 CAD.
How Long Does the Process Take?
The timeline of a WSIB claim is strictly defined by the Workplace Safety and Insurance Act.
| Phase | Expected Timeline |
|---|---|
| Initial Claim Approval | Typically 2 to 4 weeks after all forms are submitted. |
| Maximum Medical Recovery (MMR) | Usually occurs between 12 to 24 months post-injury. |
| LOE Review Periods | WSIB reviews your benefits annually until the final lock-in. |
| LOE Lock-In | Exactly 72 months (6 years) from the date of injury. |
Frequently Asked Questions (FAQ)
Can WSIB reopen my LOE benefits after the 72-month lock-in?
Generally, WSIB will not change your benefits after 72 months. However, there is a “significant deterioration” exception. If your medical condition worsens dramatically and permanently, a law firm can help you apply to have your benefits recalculated.
Does my claim close if I go back to work?
No. Returning to work reduces or eliminates your LOE payments, but your claim remains open for medical benefits. If your injury flares up later, you can request further assistance.
Are WSIB benefits taxable by the CRA?
WSIB benefits are non-taxable, but you must still report them to the Canada Revenue Agency (CRA) on your annual tax return. You will receive a T5007 slip for this purpose.
What happens if my employer goes out of business?
Your WSIB claim remains completely unaffected. WSIB is a provincial insurance system, meaning your payments come from the collective WSIB fund, not directly from your specific employer’s bank account.
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