Understanding WSIB Non-Economic Loss: A Comprehensive Guide

• 
  Catherine Shearer
  Partner

When it comes to workplace injuries or illnesses, the repercussions extend beyond the physical pain and medical bills. Workers’ compensation systems, like the Workplace Safety and Insurance Board (WSIB), aim to address not only the tangible damages but also the intangible losses suffered by employees. Among these, non-economic loss stands as a crucial but often misunderstood aspect. In this blog post, we’ll delve deeper into what non-economic loss entails within the WSIB framework.

What is WSIB Non-Economic Loss?

Non-economic loss, also known as pain and suffering or loss of enjoyment of life, refers to the subjective impact of an injury or illness on an individual’s quality of life, emotional well-being, and daily activities. In the context of WSIB, it encompasses the intangible effects that an injury has on a worker’s life beyond the direct financial costs.

Factors Considered for Non-Economic Loss Assessment

WSIB evaluates non-economic loss based on various factors:

1. Nature and Severity of Injury/Illness: The extent of physical impairment and its impact on daily life activities significantly influence the assessment.
2. Psychological Impact: Emotional distress, mental health issues, anxiety, or depression resulting from the injury form a critical part of the evaluation.
3. Loss of Enjoyment of Life: Changes in lifestyle, hobbies, social interactions, and the ability to participate in activities previously enjoyed are considered.
4. Prognosis and Future Implications: WSIB also takes into account the long-term consequences of the injury or illness, including the potential for recovery and future limitations.

How WSIB Determines Non-Economic Loss Compensation

WSIB employs different methods to calculate non-economic loss compensation, often involving predetermined schedules, medical assessments, and subjective evaluations.

1. Permanent Disability Rating Schedules: WSIB uses established guidelines to assign a percentage rating to the permanent impairment caused by the injury or illness.
2. Functional Ability Assessment: Evaluations by healthcare professionals help gauge the impact on the worker’s ability to perform daily tasks and activities.
3. Subjective Assessments: Considering the subjective nature of pain and suffering, WSIB also considers the worker’s own account and medical documentation supporting the claimed non-economic loss.

Importance of Seeking Support and Documentation

To ensure a fair assessment of non-economic loss, it’s crucial for injured workers to seek proper medical care, maintain comprehensive documentation of their condition, and communicate effectively with healthcare providers. Accurate and detailed records significantly aid in the evaluation process.

Conclusion

WSIB non-economic loss compensation strives to address the holistic impact of workplace injuries beyond financial aspects. Understanding its components and the assessment process is vital for injured workers to receive fair compensation for the physical, emotional, and lifestyle changes resulting from workplace incidents.

Remember, seeking legal advice or assistance from experts well-versed in WSIB claims can significantly aid in navigating the complexities of non-economic loss assessment and securing rightful compensation.

In conclusion, while the process of evaluating non-economic loss might seem intricate, comprehending its significance and the factors influencing its assessment can empower injured workers in their pursuit of just compensation.

This blog post aims to provide an overview of WSIB’s non-economic loss aspect. For specific and detailed advice regarding WSIB claims or legal matters, contact Catherine Shearer at McKenzie Lake Lawyers

This article was written by Personal Injury Lawyer, Catherine Shearer. For additional information, please do not hesitate to contact her at catherine.shearer@mckenzielake.com. 

If you require assistance with any Personal Injury matter, speak to a Personal Injury Lawyer at McKenzie Lake Lawyers LLP by calling (519) 672-5666.