There is a small but undeniable group of employees who may find that they, potentially, are entitled to Loss of Earnings (LOE) benefits through the WSIB and certain COVID-related benefits under various statutory schemes. This article seeks to clarify any confusion and prevent avoidable issues of overpayment.
COVID-related benefits can impact Loss of Earnings (LOE) benefits. LOE benefits are provided to workers who are off work as a result of a compensable work-related injury. The LOE benefit, however, only amounts to 85 per cent of the worker’s take-home pay. This includes those who receive LOE benefits due to contracting COVID-19 from the workplace.
So, what happens when an injured worker receives a COVID-related benefit though the government while also seeking LOE benefits through the WSIB?
The appropriate answer arises upon determining which COVID-related benefit the injured worker obtains and whether the LOE benefits sought through the WSIB is for a compensable COVID-19 claim or another work-related injury.