Transportation industry – determining your status

We don’t automatically consider incorporation on its own as a sole factor in determining whether a person is an independent operator or a worker. Single-person corporations still need to confirm their status as either an independent operator or a worker.

You’re considered a worker if you’re a truck driver, whether you’re incorporated or not, and don’t own the truck(s) you drive for the company, carrier or shipper that hired you.

As a deemed worker, you may be entitled to benefits provided by the Workplace Safety and Insurance Act, such as loss-of-earnings benefits and health care. Your employer would be required to pay WSIB premiums for your coverage.

If you’re an owner operator, whether you’re incorporated or not, you may need to confirm your status as an independent operator so the business who hires you understands their reporting obligation in respect to your working relationship.

The principal and owner operator/individual must complete a Transportation industry – determining worker/independent operator status questionnaire if they work in the transportation industry (trucking, courier, third-party food delivery and rideshare). We'll review the questionnaire and documentation and make a ruling of either independent operator or worker. We'll send decision letters to both the principal and owner operator advising them of the decision.

Independent operators should keep their decision letter for transportation industry status rulings.

Independent operators in the transportation industry can then provide a copy of the status determination letter to new principals for all subsequent contracts if the same vehicle identification number (VIN) is used. The principal must match the independent operator vehicle ownership documents to the VIN on the status determination letter. If they match, the status determination letter is valid for the contract.

Independent operators must complete a new questionnaire if they change vehicles. The status determination will again apply to all subsequent contracts where the same vehicle is used.

Independent operators aren’t automatically covered under the Workplace Safety and Insurance Act in the case of any workplace injuries or illnesses. Once deemed to be an independent operator, you can voluntarily apply for an Optional insurance request/change at any time. In cases where a workplace injury/illness does occur and you’ve been approved for optional insurance, you would be eligible for loss of earnings benefits, health care and other benefits.

If you’re a trucking company, carrier or shipping company that hires help – including full-time, part-time, casual labour, students and/or family members to which you are issuing T4’s – you may be obligated to register your business.

You have 10 calendar days to register from the day you hire your first employee. If you’re not registered with us and should be, you can voluntarily register your business.

Learn more about registering your business if you’re not sure if you need to register.

As a WSIB-covered business, you’ll automatically receive the following benefits:

• no-fault insurance to protect you from costly lawsuits
• WSIB benefits for the people who work for you that replace lost earnings, cover health-care costs, and help them get back to work safely if they become injured or ill at work
• access to health and safety information and subject matter experts who can help you improve your health and safety programs
• tax deductions for your premiums – not affected by HST
• low administration costs for your premiums compared to other provincial workers compensation boards and private insurers

If you’re a trucking company, carrier or shipping company that hires subcontracted drivers, you may be obligated to register your business.

Under the Workplace Safety and Insurance Act, a subcontractor could be considered a worker of your company, whether they’re incorporated or not, which would mean your company must register with us and pay premiums for all subcontractors who are deemed workers.

Contract drivers in the trucking industry are considered workers of the principal they work for.

If you or the WSIB consider the contract driver to be a worker and your business isn’t currently registered with us, you must register with us to provide coverage and pay premiums based on the contract driver’s earnings.

You have 10 calendar days to register from the day you hire the first person working for you. If you’re not registered with us and should be, you can voluntarily register your business.

Learn more about registering your business if you’re not sure if you need to register.

If your business is already registered, you must report the contract driver’s earnings as outlined in our Insurable earnings – drivers in the transportation industry policy.

If you’re a trucking company, carrier or shipping company that hires subcontracted owner operators, you may want to confirm each owner-operator’s status as an independent operator so you understand your reporting obligation in respect to your working relationship.

Under the Workplace Safety and Insurance Act, a subcontractor could be considered a worker of your company, whether they’re incorporated or not, which would mean your company must register with us and pay premiums for all subcontractors who are deemed workers.

All individual subcontractors who you hire to perform trucking activities may be considered workers of your company unless we have deemed them independent operators.

You and the subcontracted owner operator must complete a Transportation industry - determining worker/independent operator status questionnaire if the owner operator hasn’t been previously ruled as an independent operator for a different working relationship. We’ll review the questionnaire and supporting documentation and make a ruling of either independent operator or worker. We'll send decision letters to both you and the subcontractor advising them of the decision.

If the owner operator has been previously ruled as an independent operator for a different working relationship, you should ask for their previous ruling letter. This will confirm their status as an independent operator and indicate the Vehicle Identification Number (VIN) for which the ruling pertains to.

You don’t have to provide WSIB coverage for owner-operators who’ve been deemed independent operators by us. If an owner operator who was deemed an independent operator experiences a work-related injury or illness, they won’t be eligible for WSIB benefits unless they apply for optional insurance coverage and get their own WSIB account.

If you or the WSIB consider the owner operator to be a worker and your business isn’t currently registered with us, you must register your business to provide coverage and pay premiums based on the owner operator’s earnings.

If you’re a trucking company, carrier or shipping company that hires subcontractors who have their own workers, you may not have to provide coverage for the subcontractor’s workers.

The subcontractor will be responsible for providing WSIB coverage for their own workers. However, you should get a WSIB clearance to make sure you, as a principal, are exempt from paying premiums for the subcontractor’s workers.

A clearance is a document provided to registered businesses that shows the business is registered and in good standing with us.

Once you get a clearance for the subcontractor in question, you won’t be liable for any premiums as long as the clearance is valid.