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Ontario, provincial claim mechanics

Filing a WSIB asbestos claim in Ontario

How Ontario's Workplace Safety and Insurance Board handles asbestos-related occupational disease claims, the actual forms, the presumptive coverage rules, benefits, and how appeals work.

Short version: If you were diagnosed with mesothelioma, asbestos-related lung cancer, asbestosis, laryngeal cancer, or (in some cases) other asbestos-related disease and you have a history of asbestos exposure at a covered Ontario workplace, WSIB Operational Policy 23-02-01 applies. Most qualifying occupations get presumptive coverage, meaning the burden is on WSIB to show the disease was not work-related, not on you to prove it was.

This page is information, not legal advice. A lawyer who handles WSIB occupational-disease claims can usually improve the outcome, especially in appeals.

By AsbestosExposure.ca editorial team
Last reviewed · Editorial policy

What WSIB covers for asbestos exposure

WSIB covers the following diseases as occupational disease when there is documented exposure at a covered Ontario workplace and a physician's diagnosis:

  • Mesothelioma, presumptive under Policy 23-02-01 for many occupations.
  • Lung cancer from asbestos exposure, presumptive with a documented exposure of 10 or more years (varies by policy version and occupation).
  • Asbestosis, presumptive with documented exposure.
  • Laryngeal cancer, may be accepted with documented significant exposure.
  • Other asbestos-related disease, considered case-by-case.

Who is covered

WSIB covers most workers in Ontario who were employed by an employer registered with WSIB at the time of the exposure. This includes most industrial, construction, mining, and manufacturing employers over the past century. It does not automatically cover self-employed people, some agricultural workers, or people employed by federally-regulated employers (railway, aviation, telecommunications), those cases may follow a different path.

Family members with secondary exposure, for example, a spouse who laundered asbestos-contaminated work clothes and later developed mesothelioma, may still have a claim, though the path is less straightforward and often requires the worker's WSIB file as supporting evidence.

The actual forms

Form 6, Worker's Report of Injury / Disease

Filed by the worker (or a family member if the worker is unable). Reports the disease and the exposure history. This is the document that opens the WSIB claim.

Include everything you remember about the workplaces where you were exposed, employer names, addresses, dates, job titles, materials worked with. If you can, include names of co-workers who could confirm exposure. WSIB will follow up.

WSIB Form 6 & how to file

Form 7, Employer's Report of Injury / Disease

Filed by the employer. For long-latency diseases like asbestosis and mesothelioma, the employer may no longer exist, if the mine, mill, shipyard, or factory closed decades ago, WSIB will still process the claim using historical records.

If the employer is still operating, they are required by law to file Form 7 within 3 business days of being notified of the diagnosis.

Form 8, Health Professional's Report

Filed by the physician who diagnosed the disease. Includes diagnosis, tests, and clinical opinion on the exposure,disease relationship. Your doctor's office is responsible for filing it.

Occupational Disease Questionnaire

WSIB will send you a detailed exposure questionnaire once your claim is opened. This is where your detailed work history, specific employers, dates, tasks, materials, is documented. Complete it carefully; this is the document WSIB uses to assess presumption.

Deadlines

Two clocks matter for a WSIB claim:

  • Six months from the date you knew the disease was work-related. This is the general filing deadline under the Workplace Safety and Insurance Act. For most workers this is the date of diagnosis. If you have already blown this deadline, don't assume it's over , WSIB has discretion to accept a late claim for long-latency diseases, particularly if there is a good reason for the delay.
  • Death claim. If a worker died from an asbestos-related disease, surviving dependants can file a claim for survivor benefits. Same 6-month rule from when the connection to work was known, with similar discretion for late filing.

Do not wait to see if you feel better. File the claim, then continue working with your doctor, you can withdraw or amend later.

Benefits WSIB may pay

  • Loss-of-earnings benefits, up to 85% of your net pre-injury earnings, subject to the maximum insurable earnings ceiling.
  • Health-care costs, medical, hospital, drugs, equipment, and travel to appointments.
  • Non-economic loss (NEL) payment, a lump-sum payment for permanent impairment, calculated as a percentage of the maximum based on a WSIB medical assessment.
  • Survivor benefits, for the spouse and dependent children of a worker who died of the disease. Includes monthly payments, a lump sum, and burial expenses.
  • Independent living allowance in some cases.

Actual amounts depend on your pre-injury earnings, dependants, age at diagnosis, and impairment level. A lawyer familiar with WSIB claims can help you understand what to expect for your file.

If the claim is denied

Denial of a WSIB claim is not final. There are two levels of review:

  1. Internal WSIB reconsideration, ask the WSIB decision-maker or their Appeals Services Division to reconsider. You typically have 6 months from the decision to object.
  2. Workplace Safety and Insurance Appeals Tribunal (WSIAT), an independent tribunal that hears appeals of final WSIB decisions. WSIAT can order WSIB to reverse a decision. You typically have 6 months from the final WSIB decision to file an appeal.

Appeals for long-latency asbestos diseases often turn on exposure evidence, former co-workers, union records, historical workplace surveys, and medical opinions. This is exactly where a lawyer who specialises in WSIB occupational-disease claims tends to make a large difference.

Getting help with your WSIB asbestos claim

Lawyers in our network handle Ontario WSIB asbestos-disease claims and typically offer a free initial consultation. We are not a law firm.

See if you may qualify

Sources & official links

Corrections: info@asbestosexposure.ca.