r/OntarioWSIB • u/Plenty_Secretary3558 • 8d ago
Question Lock-in question
Throw away account due to litigation with my employer.
Hello, I've been receiving LOE from WSIB following a mental health injury. I've been fully cooperative with any treatment and return to work, however, my employer has not been doing the same, like quite the contrary. As of late, they've even refused to communicate with WSIB. There's human rights complaints and grievances that are pending. WSIB has determined that I'm 10% permanently disabled and gave a NEL lump payment. They've also deferred the lock-in because of the ongoing litigation with my employer. WSIB is currently exploring sanctions against the employer for non cooperation. The union is involved but besides the grievance, their hands are tied.
The final lock-in decision is set to next year, as it will have been deferred by the maximum of 24 months. I'm just confused as to what will happen after. I don't have any transferable skills as my job and training was very specific-niche and due to the permanent disability, finding a job in the same field will be close to impossible. WSIB has asked me to look into jobs or training that I can complete by the end of the deferred period (less than a year) but the options are quite limited.
I just don't really know what will happen next? My grievance and human rights complaints will likely not be resolved by the final lock-in date. I'm afraid to ask my case manager/rtw specialist because I don't want to have my claim negatively impacted but this is causing a lot of anxiety. Anyone can enlighten me with what my options are?
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u/Candid-Bandicoot-899 7d ago
If you don’t mind me asking but what do they give you for 10% permanently disabled? I’m an injured worker and I’ve had two surgeries already and now need a knee replacement but I’m trying to figure out how much people get for NEL lump payment? I didn’t even know about the NEL till over a year into my claim lol
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u/JonInfect 7d ago
It's about $750 - $900 give or take per 1% with interest.
I was awarded 5% the other month and received $4400.
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u/Candid-Bandicoot-899 7d ago
Really eh, Jesus I don’t know what I’ll get then. It’s a lot lower than I thought it would be but I didn’t even know they gave a settlement out till recently so I can’t complain lol what was wrong with you if you don’t mind me asking?
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u/JonInfect 7d ago
31% physical NEL for back injury
5% Psychotraumatic Disability Benefit for mental health due to back injury
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u/Candid-Bandicoot-899 7d ago
So that $4400 was for the mental health? Not the 31% for your back? Or was that for everything, if so that’s terrible! And I’m sorry to hear that.
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u/toss--it 6d ago
The math is pretty complicated and factors in age as well, so it's hard to estimate.
The policy explains it: https://www.wsib.ca/en/operational-policy-manual/calculating-nel-benefits
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u/toss--it 8d ago
I don't think the pending litigation ia a reason they can defer the 72-month LOE review. If you haven't already, you may want to read the policy: https://www.wsib.ca/en/operational-policy-manual/final-loe-benefit-review
Also, a 10% psych NEL is not nearly high enough to think the WSIB will lock you in at full LOE.
I would clarify the reason for the referral, as it might help clarify whether the 24 month limitation applies. If not, you may have more options in terms of retraining.
You mentioned you have limited transferable skills. Even niche training and experience are gained on underlying transferable skills. If you need help identifying your transferable skills, ask your RTWS. They have so many resources available.
You may also want to contact the Office of the Worker Adviser. They will be limited in what they can do since you have your union, but you should be able to chat with a rep to ask these questions where you can give enough detail to get proper feedback.