Non-Economic Loss Award

The WSIB defines a permanent impairment to be a physical or functional abnormality or loss (including disfigurement) resulting from an injury and any psychological damage arising from the abnormality or loss that continues to exist after you reach maximum medical recovery.

How does the WSIB make a decision to pay you a NEL benefit?

The WSIB reviews all the medical evidence and If it shows that your condition is not likely going to improve anymore, they have you assessed for a NEL benefit.

If I accept the payment the WSIB gives me for my NEL benefit, does that mean that I have no more rights to any other benefits under my claim?

No, it doesn't. The NEL benefit represents just one type of benefit in your claim and you continue to be entitled to all other benefits, such as LOE, partial LOE, Health Care, etc.  

Can I object to the amount the WSIB pays me for my NEL benefit?

Yes. You do not have to agree to the WSIB's decision, even if you accept the payment. In addition to objecting to the WSIB's decision, you can request a reconsideration of that decision. Use our DECISION RECONSIDERATION SETTLEMENT KIT for that.

If my condition gets worse after I receive my NEL benefit, can I have it reassessed?

If your condition deteriorates, you can request a redetermination of your NEL benefit one year after the NEL decision. You can use our NON-ECONOMIC LOSS REDETERMINATION SETTLEMENT KIT for this purpose. 

There are several other factors pertaining to this topic, such as how the NEL benefit is calculated, how it is paid, and how it is reassessed if your condition deteriorates. If you would prefer a more in-depth explanation click this link which will take you to the WSIB's policy on the matter.