SETTLEMENT KITS

Try our Sample NEL Redetermination Kit below. See how easy it is.

SAMPLE NEL Redetermination Kit

This Kit applies to all claims after January 1, 1990.

Use this Kit to gain entitlement to a Redetermination of your previously assessed Non-Economic Loss award. You can use the Kit even if your previous assessment resulted in a zero award.

Full Loss of Earnings (LOE) Kit

THIS KIT APPLIES TO LOSS OF EARNINGS BENEFITS (LOE) FOR CLAIMS AFTER JANUARY 1, 1998.

WHEN SHOULD YOU USE THIS KIT?

You should use this Kit if you suffered a workplace injury, or contracted a workplace illness and have lost time from work. The WSIB is required to pay you a Loss Of Earnings Benefit (LOE). If for whatever reason the WSIB did not pay you LOE benefits or denied LOE benefits, this Kit can be used to gain entitlement to those benefits.

Partial Loss of Earnings (LOE) - Actual Earnings Kit - Applies to all claims after January 1, 1998

THIS KIT APPLIES TO PARTIAL LOSS OF EARNINGS BENEFITS (PLOE) FOR CLAIMS AFTER JANUARY 1, 1998.

WHEN SHOULD YOU USE THIS KIT?

You should use this Kit, to get entitlement to Partial Loss of Earnings benefits. If you were left with a permanent impairment as a result of your work-related injury or illness and were unable to return to your pre-injury job, but were able to return to another suitable job that paid you less than your pre-injury job, this Kit requests that the WSIB pay you Partial Loss of Earnings benefits based on the difference between your pre-injury job earnings and the earnings from your new job.

For example; You earned $20 per hour in your pe-injury job. You now earn $17 per hour in your new job, the WSIB is required to pay you the difference of $3 per hour in the form of a Partial Loss of Earnings benefit.

Partial Loss of Earnings Benefits - Determined Earnings Kit

THIS KIT APPLIES TO PARTIAL LOSS OF EARNINGS BENEFITS (PLOE) FOR CLAIMS AFTER JANUARY 1, 1998.

WHEN SHOULD YOU USE THIS KIT?

You should use this Kit to request that the WSIB pay you Partial Loss of Earnings Benefits based on actual earnings from your employment and not Determined Earnings.

What are Determined Earnings?

The WSIB considers Determined Earnings as the earnings that are associated with the identified Suitable Occupation (SO), and are based on labour market wage information.

The circumstances in which the WSIB would base post-injury earnings on Determined Earnings include those where you:

- were not provided with RTW services,

- remained unemployed at the completion or closure of the RTW plan (with training),

- are underemployed in a job not identified in the SO, or

- are voluntarily underemployed in the identified SO.

Non-Economic Loss Benefit Kit

THIS KIT APPLIES TO CLAIMS AFTER JANUARY 1, 1990

WHEN SHOULD YOU USE THIS KIT?

You should use this Kit to gain entitlement to a Non-Economic Loss Award, if you suffered a workplace injury or developed a workplace illness on or after January 1, 1990, which resulted in a permanent impairment.

Note: If you were assessed for a NEL award and were given a zero award, our Decision Reconsideration Kit can help you in requesting a reconsideration of that decision.

Non-Economic Loss Redetermination Kit

THIS KIT APPLIES TO CLAIMS AFTER JANUARY 1, 1990

WHEN SHOULD YOU USE THIS KIT?

You should use this Kit if you were previously granted a Non-Economic Loss Award (NEL) and your condition has since deteriorated.

A NEL redetermination can only be done 12 months after the previous NEL assessment took place.

If you were previously denied a NEL Redetermination, you can use our Decision Reconsideration Kit to have that decision reconsidered.

Future Economic Loss Presumption (FEL) Kit - Full FEL Benefits

THIS KIT APPLIES TO CLAIMS BETWEEN JANUARY 1, 1990, AND DECEMBER 31, 1997

WHEN SHOULD YOU USE THIS KIT?

You should use the Future Economic Loss Presumption Kit, to request entitlement to a full Future Economic Loss award (FEL). If you had a workplace injury or developed a work-related illness after January 1, 1990, and said injury or illness prevented you from returning to work in any capacity, you may be entitled to a full FEL award to compensate you for your wage loss.

If you were previously denied a FEL benefit, or you were granted a partial FEL benefit even though you were not able to return to suitable employment, you can request a reconsideration of that decision. You can use our Decision Reconsideration Kit to have that decision reconsidered.

Pre-1990 Pension Entitlement Kit - Claims Before January 1, 1990

THIS KIT APPLIES TO ALL CLAIMS BEFORE JANUARY 2, 1990

WHEN SHOULD YOU USE THIS KIT?

You should use the Pre-1990 Pension Entitlement Kit if you suffered a workplace injury or illness prior to January 2 1990, and never fully recovered from said injury or illness. That would be considered a permanent impairment and the WSIB should grant you a pension otherwise referred to as a Permanent Disability (PPD).

Pre-1990 Pension Reassessment Kit - Claims Before January 1, 1990

THIS KIT APPLIES TO CLAIMS BEFORE JANUARY 2, 1990

WHEN SHOULD I USE THIS KIT?

You should use this Kit to gain entitlement to a reassessment of your pension. If you currently receive a Permanent Disability (PD )benefit or pension for a work-related injury or illness that took place before January 2 1990, and if there has been a deterioration of said injury or illness supported by medical documentation, you are entitled to have a reassessment of your pension. 

Pre-1990 Wage Loss Supplement Kit - Claims Before January 1, 1990

Use this Kit to gain entitlement to a Section 147(4) Supplement(also referred to as a Wage Loss Supplement and an Older Worker Supplement) if you are in receipt of a Permanent Disability (PD) benefit or pension and you were not able to restore your escalated pre-accident earnings following your injury or illness, due in part to your work illness or injury. 

Chronic Pain Disability (CPD) Entitlement Kit - Applies to all claims regardless of accident or illness date

Use this Kit to gain entitlement to Chronic Pain Disability (CPD) for a work related injury or illness when medical documentation demonstrates that you have not fully recovered from said injury or illness and your condition meets the WSIB's five point criteria governing Chronic Pain Disability. This applies to all claims regardless of injury date.

Independent Living Allowance Kit - Applies to all claims regardless of accident or illness date

THIS KIT APPLIES TO ALL CLAIMS REGARDLESS OF ACCIDENT DATE

WHEN SHOULD YOU USE THIS KIT?

You should use this Kit to gain entitlement to the Independent Living Allowance Benefit (ILA) if your work-related injury or illness has been assessed at 100% Permanent Disability (PD) or pension (for pre-1990 injury or illness), or a 60% Non-Economic Loss (NEL) award (for post-January 1, 1990 injury or illness, or a combination of the two.

Secondary Condition Entitlement Kit - Applies to all claims regardless of injury or illness date

THIS KIT APPLIES TO ALL CLAIMS REGARDLESS OF THE ACCIDENT DATE

WHEN SHOULD I USE THIS KIT?

You should use this Kit to gain entitlement to a Secondary Condition resulting from your work injury or illness. If you suffered

Compensations Rate Recalculation Kit - Applies to claims before January 1, 1998

THIS KIT APPLIES TO ALL CLAIMS BETWEEN APRIL 1, 985, AND DECEMBER 31, 1997

THIS KIT IS USED IN A TWO-STEP PROCESS AS DESCRIBED BELOW:

WHEN SHOULD I USE THIS KIT?

You should use this Kit to have the WSIB recalculate your compensation rate. This is the rate that the WSIB used to calculate any Temporary Disability Benefits, Permanent Disability Benefits, and any Section 147 Supplements that you were paid during that period. Should this result in an increase to your compensation rate, this can result in a significant arrears payment, as well as an increase to any monthly pension and supplement you currently receive. 

STEP 1:

Before proceeding with preparing and submitting this Kit, it is recommended we first conduct a preliminary recalculation of your Compensation Rate in order to confirm that it will result in an increase to your previously established rate. Click the following link to proceed with the Compensation Rate Preliminary Recalculation process.

COMPENSATION RATE PRELIMINARY RECALCULATION

STEP 2:

Once we have completed the preliminary recalculation and have determined that your rate will be increased, you may proceed with submitting the Compensation Rate Recalculation Kit to the WSIB for an official recalculation.

Decision Reconsideration Kit - Applies to all claims regardless of injury or illness date

THIS KIT APPLIES TO CLAIMS REGARDLESS OF THE ACCIDENT DATE

WHEN SHOULD I USE THIS KIT?

You should use this Kit whenever the WSIB has made a decision in your claim that you do not agree with. This is the first of three steps within the Reconsideration Process as authorized in the WSIB Act and outlined in WSIB Policy. It compels the WSIB, upon written request, to reconsider any decision previously made in a claim. The next two Kits are the second and third steps in the process.