Clothing Allowance

Policy

The WSIB:

• may authorize clothing allowances for workers with permanent impairments, to replace or repair clothing worn or damaged by the wearing of an assistive device or prosthesis (device)
• determines what are devices within the meaning of the Workplace Safety and Insurance Act, 1997. Use of these devices may entitle a worker to a clothing allowance when all entitlement criteria are met
• determines the maximum annual clothing allowance based on the usual patterns of damage caused by the devices and reasonable replacement costs for the clothing
• does not pay for more than two clothing allowances per year
• may request evidence of the actual damage caused to clothing by the use of an authorized device.

Guidelines

Initial entitlement criteria

To be considered for a clothing allowance:

• the worker must have reached maximum medical recovery (MMR), and have a permanent impairment/disability that results in either a non-economic loss (NEL) benefit, or a permanent disability (PD) benefit
• the WSIB must have authorized and/or supplied the device
• the worker must have worn the device one full year after receiving the permanent impairment/disability benefit, and
• must apply for a clothing allowance by submitting an application.

Applying annually for the allowance

Workers must apply annually for a clothing allowance by submitting a written application and information indicating:

• if they are wearing a device as prescribed by their health professional
• how often they are wearing the device, and
• the type of damage to the clothing.

Exception

Workers who receive an initial clothing allowance for using an approved device, and whose need for the device is unlikely to change from year to year, may be exempted from applying annually for the allowance.

Payments

Clothing allowances are always paid for past periods. The initial allowance is paid from the first anniversary date of receiving the NEL/PD benefit back to the date the worker first purchased the device, or the date of MMR, whichever is later. The next allowance is paid from the second anniversary date back to the first NEL/PD anniversary date, and so on.

Upper/lower body devices

Devices are considered to be either upper body or lower body, based on the clothing (e.g., shirts or pants) to which they cause the most damage. Clothing allowance payments must relate to a reasonable pattern of clothing deterioration caused by wearing the approved devices. Regardless of the number of devices approved by the WSIB, the worker is allowed only one clothing allowance for an upper body device and one for a lower body device per year.

The following are considered upper body devices:

• back brace
• back support or corset
• cervical brace
• arm prosthesis worn at or above the wrist
• under-arm crutches
• arm brace
• wrist gauntlet(s)/brace(s)
• forearm-supported crutches, and
• wheelchair.

The following are considered lower body devices:

• leg prosthesis worn at or above the ankle
• knee brace, and
• permanent leg brace.

A clothing allowance is not paid for damage caused by wearing the following devices:

• ankle/foot orthotics, and
• soft cervical collars.

Schedule of benefits

The WSIB classifies devices according to the amount of clothing damage they usually cause. This determination is made based on input from orthotic specialists and product manufacturers. For the current maximum rates for major damage and minor damage, see 18-01-05, Table of Rates.

The WSIB may pay a clothing allowance for devices which:

• cause major damage to clothing up to the maximum rate annually for major damage, and
• cause minor damage to clothing up to the maximum rate annually for minor damage.

The following qualify as devices which can cause major damage to clothing:

• back brace (Harris-type rigid frame e.g., rigid plastic with steel stays to support back)
• back support or corset (canvas belt/corset with steel stays to support back)*
• leg prostheses is worn at or above the ankle
• custom-made knee brace
• permanent leg brace, and
• manual wheelchair.

NOTE

A clothing allowance benefit for a back support or corset is paid up to the maximum rate for major damage, as of the worker's 2006 NEL/PD anniversary date, for the preceding 12 months only.

The following qualify as devices which can cause minor damage to clothing:

• cervical brace
• arm prosthesis worn at or above the wrist
• arm brace
• wrist gauntlet(s)/brace(s)
• forearm-supported crutches
• off-the-shelf knee brace such as the "Generation 2"
• power wheelchair, and
• under-arm crutches.

Partial allowance

If workers use such devices on a part-time basis, the WSIB may approve a partial clothing allowance. If workers who use such devices are provided with uniforms or work garments free of charge, the WSIB may pay no more than 50% of the maximum.

Allowance calculation

Full and partial clothing allowances are calculated as a percentage of the maximum dollar limit found in the schedule, and based on the number of hours per week the worker uses the device.

Application date

This policy applies to all decisions made on or after December 1, 2020, for all accidents.

Document history

This document replaces 17-07-03 dated January 3, 2006.

This document was previously published as:
17-07-03 dated October 12, 2004
17-05-02 dated April 6, 2001.

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended
Section 39

Workers' Compensation Act, R.S.O. 1990, as amended
Section 50(3)

Minute

Administrative
#1, November 6, 2020, Page 579