Ontario workers injured while employed outside the province of Ontario, may, under certain conditions, claim benefits under the Workers' Compensation Act/Workplace Safety and Insurance Act of Ontario (the Act).
A worker who is an Ontario resident, and whose usual place of employment is in Ontario, is automatically covered for up to six months while temporarily working outside Ontario.
A worker may be required to work part of the time in a jurisdiction other than Ontario. Where the worker is employed outside Ontario up to 6 months or more with an approved extension, and the employer is not carrying on an assessable business in that jurisdiction (see 15-01-11, Interjurisdictional Agreement), the worker's right to claim compensation for a work-related injury is limited to Ontario.
If the employer operates an assessable business in other jurisdictions, the worker has a right to claim under the laws of either the jurisdiction where injured, or Ontario.
This coverage may be extended on application from the employer.
Coverage while travelling
When a worker who is usually a resident and employed in Ontario is sent to another province, the home jurisdiction (Ontario) extends coverage for the worker, to and from the destination point.
If the employer is paying assessment to the jurisdiction the worker is travelling in, that jurisdiction covers the worker.
Claims for benefits
An Ontario worker injured outside the province may be entitled to benefits in more than one jurisdiction. The worker must complete and submit an Election To Claim Benefits Form - Injury/Death or Exposure Outside Ontario, Form 0038, if electing to claim benefits from the Ontario WSIB.
Although workers have a choice of claiming benefits in either jurisdiction, they may claim benefits in only one. The board adjudicating the claim forwards a copy of the worker's election form to the other jurisdiction involved to advise of the worker's election. Without a Form 0038 on file, the claim cannot be adjudicated.
The board where the claim is filed adjudicates the claim according to its own laws and policies.
A worker who is not a resident of Ontario, but is normally employed in Ontario may claim if
- the employer's business or chief place of business is in Ontario and the worker was out of Ontario for some temporary work-related purpose, or
- the employer's business or chief place of business is not in Ontario and the worker was out of Ontario only for some casual or incidental work-related purpose, i.e., a salesman picking up his pay cheque.
Other non-residents are covered when their employer requests they be considered as residents for assessment purposes, i.e., seamen working on Ontario based vessels.
This policy applies to all decisions made on or after September 1, 1989, for all accidents.
This document replaces 15-01-08 dated October 12, 2004.
This document was previously published as:
02-03-07 dated September 1989.
Workplace Safety and Insurance Act, 1997, as amended
Sections 18, 19, 160
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 8, 9
#1, December 11, 2007, Page 451