injured workers

Injured workers continue to advocate for policy changes to the Workers’ Safety and Insurance Board.

Armed with a new report, they want an end to benefits being cut off at age 65.

The age limit went into place at a time when retirement was mandatory.

Tebasum Durani from the Injured Workers Community Legal Clinic says the policy is outdated and does not reflect today’s reality.

“The law draws a line based on age and age alone,” says Durani.

“We believe that this is discrimination that violates the Canadian Charter of Rights and Freedoms, which prohibits discrimination on the basis of age. The continued existence of the law as it stands reflects a world that no longer exists.”

Durani says more than 421,000 people in the province were working past the age of 65 in 2024, with just under 164,000 of those being over the age of 70.

She says the province could look at the practices of other provinces to see how they approach older injured workers.

“Other provinces like Alberta and British Columbia have developed flexible and individualized approaches that give older workers the chance to provide evidence of their intended working plans and retirement plans.”

In a statement from the WSIB, a spokesperson writes that the rules regarding entitlement to benefits related to a person’s age are set out in the Workplace Safety and Insurance Act and would require legislation from the Ministry of Labour, Immigration, Training and Skills Development.

They say the WSIB is here to help people injured at work regardless of their age, providing people with health care benefits as long as required for the work-related injury, adding that if someone suffers a permanent impairment, they are entitled to a non-economic loss benefit based on the degree of their permanent impairment, regardless of their age at the time of the injury.