Ten Things You Need to Know About Asbestos Claims and the Workplace Safety and Insurance Board of Ontario

UPDATED to reflect 2023 payment amounts

1. No loss of earnings benefits are paid after age 65. If you were diagnosed while working after age 63 benefits are paid for a maximum of two years.
2. The Non-Economic Loss award (NEL) amount at 100%, for 2023 is just $69,073.25. Even with a diagnosis of Mesothelioma, a 100% impairment rate is rarely awarded and is subject to deductions set out below.
3. Your Non-Economic Loss Award is reduced by $1,535.54 for every year you are older than 45 (to a minimum amount of $38,374.62). The percentage of total disability is then applied. Other non-related health conditions will reduce the payment percentage.
4. If your spouse or child contracts Mesothelioma because of take-home asbestos from your work place they do not qualify for WSIB benefits or medical expense assistance.
5. The Board pays a funeral expenses amount of $3,536.04.
6. Spousal lump sum benefit payments are reduced by $2,357.36 for every year your spouse is over the age of 40 at the time of the worker’s death (to a minimum amount of $47,147.27).
7. Survivor monthly Benefits are dependent upon the worker having “earnings” or “wages” at the time of their death. If the injured worker is retired these benefits are not payable.
8. If you have no spouse and all your children are independent adults, no lump sum or survivor benefits are paid.
9. WSIB retains their own legal firm to make asbestos trust claims in the name of the worker or worker’s estate to recoup claim costs. Your medical expenses are included as health care payments when you have a WSIB claim. This includes all hospital and doctor visits even though you never see the payment. This greatly reduces the likelihood that there will be any excess funds from the WSIB indirect trust claims to be paid to you or your family. And Most Importantly
10. The Compensation Board shall determine all questions concerning the necessity, appropriateness or sufficiency of health care that may be provided to a worker. This means that decisions about your medical care and treatment do not lie with you, your doctor and your family, but with the WSIB.

If you want to get information regarding your compensation options, please contact us for a no cost consultation. If you call outside regular office hours, please dial Anna at extension 224 and the call will be transferred to her mobile.