Loss of Earnings Reduced
Your partial LOE is not based on the earnings from your actual job, what can you do?
If you returned to work and experienced any of the circumstances outlined below, the WSIB has a legal obligation to pay you partial loss of earnings based on your actual earnings from employment. In other words, if you were earning $19 per hour before your injury and you now earn $9 per hour, the WSIB has to pay you the difference which is $10 per hour.
- If you returned to work or are participating in RTW activities with your injury employer
- If you have a wage loss upon completion of a RTW program with your injury employer, regardless of the job you're performing
- If you are employed in the identified SO with your injury employer or a new employer, even if the earnings are not consistent with current labour market wage information
- If you are employed in a job not identified in the SO, but the WSIB is satisfied the earnings come reasonably close to the SO-identified earnings, and represent the same or similar future earnings potential, or
- If you are underemployed in the identified SO, but the WSIB is satisfied the you are not voluntarily underemployed.
If the WSIB did not meet their legal obligation and has paid your partial LOE based on "deemed earnings", in other words what they decided was appropriate, our PARTIAL LOSS EARNINGS - ACTUAL EARNINGS SETTLEMENT KIT.