Ontario is renewing how it compensates injured migrant workers, as the Chair of the Workplace Safety and Insurance Board, Jeff Lang, says the changes affect how the board pays a worker who cannot return to their job due to injury but is able to work elsewhere.

WSIB pays workers 85 percent of their wages if they are injured at work and cannot return to that role, but it recoups the earnings made from other work.

Lang explained that this is not fair because migrant workers who return home after injury typically earn much less in their countries than if they were working the same job in Ontario full-time.

Lang expressed his regret for what he described as the unfair treatment of injured migrant workers in the province.

He said, "WSIB is reviewing 50 claims dating back to 2007 and is likely to pay millions in retroactive compensation."

Lang told the Canadian Press: "These are some of the most vulnerable people; they came to work in Ontario, got hurt, were sent back to their home countries, and were traumatized because they are not from Ontario," "And frankly, that's wrong, so we are going to correct it."

Years ago, four injured migrant workers in similar situations went to the Workplace Safety and Insurance Appeals Tribunal seeking better compensation.

Last September, the tribunal ruled that WSIB was wrong in assuming that seasonal migrant workers were eligible for up to 12 weeks of income loss compensation under the seasonal agricultural workers program if they were injured.

The tribunal noted that the income loss provisions in the Workplace Safety and Insurance Act assume that after three months, all workers can return to work either in Ontario or in their home country, without regard to the actual circumstances of the workers, such as whether they have recovered from their injuries and were able to work or find other jobs, and ruled that this was not appropriate.

It wrote, "It is not appropriate to determine their entitlement to long-term (loss of earnings) benefits at 12 weeks in each case without considering their individual circumstances."

"For the reasons outlined in this decision, the panel concludes as follows: long-term (loss of earnings) benefits for migrant agricultural workers should be based on their ability to earn money in the actual local/regional labor market."

Lang said that the court's decision did not prompt a change in WSIB, as it had already decided to review its interpretation of the legislation, but it convinced the organization that it was on the right path to correcting the issue.

"If you get injured at work in Ontario or get sick, you will be treated equally, treated with dignity, treated with respect, and treated with compassion," said Lang.