Ontario’s proposed Bill 105 would make some of the biggest changes to the Workplace Safety and Insurance Act in years. Some of the proposed amendments could genuinely improve the system for injured workers. Others could dramatically increase uncertainty and financial insecurity for permanently disabled workers across Ontario.
One of the most significant and controversial proposals is the removal of the 72-month “lock-in” rule for Loss of Earnings (LOE) benefits. While the government has framed the changes as modernization and fairness, many injured workers and advocates are concerned that the new system would allow WSIB to continually reassess claims indefinitely.
Below is a breakdown of the key proposed changes in Bill 105 and what they could mean for injured workers.
Summary of the Proposed Changes in Bill 105
1. Increase to LOE Benefits
Current System
Workers receiving LOE benefits generally receive compensation based on 85% of their pre-injury net average earnings, as long as they are cooperating in approved health care measures and/or early and safe return to work.
Proposed Change
Bill 105 proposes increasing LOE benefits from 85% to 90% of net earnings.
Potential Impact
Possible Positive Change
- Higher monthly benefits for injured workers
- Better reflects rising living costs and inflation
- Could reduce financial hardship for workers unable to return to full employment
Concerns
- Increased benefits may still be offset by other proposed changes
- Higher benefits may not outweigh the risks created by ongoing reassessments and expanded offsets
2. Changes to the Age 65 Rule
Current System
In most cases, LOE benefits end at age 65, even if the worker would have continued working beyond that age.
Proposed Change
Bill 105 proposes allowing benefits to continue beyond age 65 for workers who can demonstrate they would have remained in the workforce.
Potential Impact
Possible Positive Change
- Recognizes that many Ontarians now work beyond age 65
- Could provide fairness for workers forced out of employment due to workplace injuries
- May help workers who lost pension contributions and retirement savings because of their injuries
Concerns
- Workers may face difficult evidentiary requirements proving they intended to continue working
- Ongoing entitlement reviews may still apply after age 65
- The uncertainty created by other proposed amendments may undermine the benefit of this change
3. Expanded Offsets Against WSIB Benefits
Current System
Under Policy 18-01-13, Loss of Earnings benefits are offset to reflect the worker’s CPP-Disability benefits, with a few stipulations.
Proposed Change
Bill 105 appears to allow broader offsets against LOE benefits, potentially including:
- CPP retirement benefits
- Workplace pensions
- Other retirement income
- Additional forms of income not strictly tied to employment earnings
Potential Impact
Concerns
- Injured workers may effectively be penalized for accessing retirement income
- Workers who contributed to pensions for decades could see WSIB reduce benefits because of those pensions
- Could discourage workers from applying for CPP retirement benefits
- May disproportionately affect older injured workers nearing retirement
Why This Matters
Many injured workers rely on a combination of:
- WSIB benefits
- CPP
- pensions
- savings
- spousal income
Expanding offsets may reduce the overall financial stability of permanently injured workers who already struggle with reduced earning capacity.
4. Elimination of the 72-Month “Lock-In”
Current System
Under the current WSIB system, a worker’s LOE benefits are generally finalized after 72 months (six years) from the date of injury. After that final review, WSIB usually cannot continue reassessing and reducing benefits except in limited circumstances such as fraud, a significant medical deterioration, or incomplete return-to-work plans.
This lock-in exists for a reason.
At some point, injured workers need stability. They need to know what income they will have moving forward so they can make decisions about housing, family responsibilities, debt, retirement, and basic survival. Many workers spend years fighting to prove the extent of their disability, attending assessments, participating in labour market programs, and enduring repeated reviews. The 72-month final review provides an endpoint to that process.
Proposed Change
The proposed new section 44.1 of the Workplace Safety and Insurance Act would allow WSIB to review LOE benefits “at any time” after the amendment comes into force.
Potential Impact
Major Concerns
This is the most alarming part of the proposed legislation for many injured workers and advocates.
If passed:
- permanently injured workers could face reviews decades after injury
- benefits could potentially be reduced years later
- workers may never truly know whether their benefits are secure
- ongoing surveillance and employability assessments may continue indefinitely
Why Injured Workers Are Concerned
Financial Instability
Workers may hesitate to:
- purchase homes
- make retirement plans
- access pensions
- rely on long-term budgets
because benefits may change unexpectedly in the future.
Psychological Stress
Many injured workers already struggle with mental health concerns. The stress of knowing that benefits could be reduced at any time can have a serious impact on mental health. Many injured workers already live with anxiety, depression, chronic pain, and trauma associated with their workplace injuries and lengthy WSIB claims.
The current 72-month final review at least provides some measure of closure. Without it, injured workers may feel they are on permanent probation with WSIB.
Labour Market Reality
Many permanently injured workers have already gone through years of vocational retraining, failed return-to-work attempts, chronic pain treatment, psychological struggles, and labour market re-entry programs. In many cases, workers have been deemed capable of jobs that do not realistically exist for them.
The reality is that once a worker has been out of the labour market for years because of a serious workplace injury, their employability often continues to decline — not improve.
Removing the lock-in ignores the real-life consequences of permanent disability.
5. Expanded WSIB Authority to Reassess Claims
Proposed Change
Bill 105 gives WSIB broader authority to determine when reviews are “appropriate.”
Concerns
This creates significant discretion for the Board.
Workers may face:
- repeated requests for medical updates
- employability reassessments
- vocational reviews
- surveillance concerns
- recurring disputes about earning capacity
Even workers with severe permanent disabilities may no longer feel protected from future reviews.
The WSIB System
Workers’ compensation exists because workers gave up the right to sue employers in exchange for a system that was supposed to provide security and compensation after workplace injuries.
A system where benefits can be revisited indefinitely risks undermining that bargain.
Permanent injuries should not result in permanent uncertainty.
If Bill 105 proceeds, Ontario injured workers may find themselves facing a future where their benefits are never truly secure — no matter how many years have passed since their injury. That is not stability. That is not rehabilitation. And for many injured workers, it could mean spending the rest of their lives wondering when the next review letter will arrive.
Sources Used
https://www.ontario.ca/laws/statute/97w16#BK54
https://www.ola.org/en/legislative-business/bills/parliament-44/session-1/bill-105
https://www.wsib.ca/en/operational-policy-manual/calculating-cpp-qpp-offsets-fel-loe-benefits