Navigating your rights and responsibilities can be challenging when you are a contractor or self-employed. In Ontario, the Workplace Safety and Insurance Board (WSIB) provides no-fault collective liability insurance for workers and their employers. If you have been injured on the job as a self-employed person or contractor, you may also be entitled to WSIB benefits.
Understanding how WSIB rules and regulations apply to contractors and self-employed professionals can be complex. By working with Goodman Elbassiouni LLP, you can understand your coverage status and pursue the compensation you’re entitled to with the confidence and support of an experienced Toronto WSIB lawyer. Whether you wish to obtain WSIB coverage for yourself or navigate a work injury claim as an independent contractor, schedule a consultation with our Toronto work accident lawyers today to learn more about your legal rights and options.
How Does WSIB Coverage Work for Contractors? (and Other Independent Operators)
Obtaining your benefits will depend on whether the WSIB considers you to be a worker under a ‘contract of service’, or an independent operator under a ‘contract for service’. Normally, workers are defined as employees of a business who are automatically entitled to WSIB coverage through their registered employer. As a contractor or other self-employed professional, you may be classified as an independent operator by the WSIB if you:
- Work on your own schedule
- Complete the job your own way
- Are free to work when and for whom you choose
- Are paid on a straight commission basis
- Negotiate the amount and method of payment with your payer
- Invoice customers on your own behalf
- Collect and pay GST and other applicable taxes on your own behalf
- And more
Contractors and other independent operators are not automatically insured through the WSIB unless they voluntarily elect to be considered a ‘worker’. Certain exceptions may apply. For example, certain independent operators who work in construction are automatically entitled to benefits under the Workplace Safety and Insurance Act (WSIA). If you are unsure of your status or believe that the WSIB has incorrectly determined your status or coverage, an experienced WSIB lawyer can advise you on your legal options and next steps.
To claim ‘worker’ status, a contractor or other independent operator must apply to the WSIB for their own account and optional insurance. Once an independent operator is registered with the WSIB, they are entitled to receive the same benefits and compensation as a regular worker in the event of a workplace illness or injury. With the help of an experienced WSIB lawyer, you can stay protected by confirming your status with the WSIB and applying for your optional insurance correctly the first time.
How to Pursue Compensation for Workplace Injuries as a Contractor
To apply for a WSIB account and optional insurance as an independent operator, you must participate in an organizational test. Organizational tests recognize and assess:
- Ownership of tools/equipment
- Chances of profit/risk of loss during operations
- Whether a person is part of an employer’s organization or operating their own separate business
- And more
If you are a contractor or subcontractor who is unsure of your status, you may also be required to complete an industry-specific or general questionnaire. Organizational tests and/or questionnaires help decision-makers at the WSIB determine your employment status and the potential cost of your policy. Once your status is confirmed and your optional insurance is in effect, you will be responsible for paying WSIB-determined premiums on your earnings. You will also receive a clearance certificate. A work accident lawyer can help you determine what documentation or paperwork is necessary before or after your optional insurance coverage begins.
If you have suffered a workplace injury or illness as a contractor that you require coverage for, you can file a claim with the WSIB by officially reporting your incident. The benefits you are entitled to will be subject to a final decision by the WSIB once all appropriate documentation has been submitted. By working with a professional who has experience dealing with the complexities of WSIB claims, you can help maximize the benefits and compensation you receive. Advice from an experienced lawyer may be especially helpful if you are a contractor or independent operator and cannot rely on an employer for assistance filing or disputing a claim.
Have Questions About WSIB Coverage? Schedule a Consultation with Our Toronto Work Accident Lawyers Today
When you have been injured on the job as a contractor, dealing with your status, coverage, or WSIB claim alone can be daunting. At Goodman Elbassiouni LLP, our Toronto work accident lawyers are here to help. Whether you require assistance obtaining independent operator status, applying for optional WSIB insurance, or pursuing compensation through a work injury claim, our team can offer advice at every step.
With over 20 years of experience working with the WSIB, our background allows us to understand how the WSIB makes its decisions and identify all potential sources for compensation in your claim. Contact us today to schedule a consultation and discuss your WSIB compensation options as a contractor or independent operator.
