The Workplace Safety and Insurance Act provides:
Ontario workers or survivors may, in connection with an accident inside or outside Ontario, be entitled to benefits from the Ontario WSIB and from another jurisdiction. However, they can only claim benefits from one jurisdiction.
To claim benefits from the Ontario WSIB, claimants must make an election within three months of the date of accident or date of the worker's death.
For information on coverage outside Ontario, see 15-01-08, Out of Province.
Another jurisdiction -- any other workplace insurance authority.
To help determine who can claim benefits from another jurisdiction, decision-makers must consider all the relevant circumstances, such as
- the residence of the worker
- the location of the employer's business and chief place of business, and
- the location where the worker is regularly employed.
If it is determined that the claimant has entitlement in Ontario and in another jurisdiction, the WSIB sends the claimant the appropriate election form.
The WSIB does not adjudicate a claim without a completed election form on file.
In addition to completing an election form, the claimant must provide the WSIB with additional information (see 15-01-03, Workers' Requirement to Claim and Consent, and 15-01-04, Survivors' Requirement to Claim for Benefits).
If the claim involves a Canadian jurisdiction, the WSIB
- sends a copy of the worker's or survivor's election form to the other jurisdiction, to advise of the election, and
- advises the other jurisdiction of the adjudication and disposition of the claim.
The Ontario WSIB is not required to advise a foreign jurisdiction of an election, or the disposition of a claim.
The workplace insurance authority in the jurisdiction where the claim and the election form are filed adjudicates the claim according to its own workplace insurance laws and policies.
This policy applies to all claims for benefits filed on or after January 1, 1998, for all accidents.
This document replaces 15-01-09, dated June 15, 1999.
This document was previously published as:
3.5* dated January 1, 1998
02-03-08* dated February 1, 1995.
* These documents were replaced by 15-01-09 dated June 15, 1999.
Workplace Safety and Insurance Act, 1997, as amended
Sections 20, 22, 159(7)
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 9(1), 9.1, 22, 65(3)
#4, June 28, 2004, Page 382