PHANTOM JOBS- THE TRUTH

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 The Truth About WSIB “Phantom Jobs” — And How WorkAid.ca Fights Back

When you’re injured at work, the last thing you expect is for the very system designed to protect you to work against you. Unfortunately, that’s exactly what happens to many injured workers in Ontario because of WSIB’s phantom job system — an unfair practice that reduces benefits based on jobs that don’t exist.

At WorkAid.ca, we see this every day. And we know how to fight back.

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What Are WSIB “Phantom Jobs”?

WSIB’s phantom job concept is tied directly to their deeming (or “determining earning capacity”) policy.

Here’s how it works:

• After your medical treatment, WSIB decides you’ve recovered as much as possible (Maximum Medical Recovery).

• They assess your ability to work and pick a job that they believe you could perform — regardless of whether:

• That job exists in your area,

• You have the skills, training, or experience,

• Employers are actually hiring,

• The job accommodates your physical or psychological restrictions.

• WSIB then reduces your Loss of Earnings (LOE) benefits as if you were earning income from this phantom job — even if you’re not employed and receiving no income at all.

You’re being financially penalized for not having a job that may not exist in reality.

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Why Phantom Jobs Are So Damaging

They ignore the real job market:

WSIB often bases their decisions on generalized labour market data, not your specific community, job availability, or realistic hiring conditions.

They dismiss individual circumstances:

Many injured workers have:

• Limited education

• Language barriers

• Age-related challenges

• No transferable skills to the proposed job

• Ongoing medical or psychological limitations

WSIB frequently overlooks these factors.

They create financial hardship:

You lose vital LOE benefits that are supposed to support your recovery, leaving you struggling with reduced income while still unable to secure actual employment.

They shift the burden:

WSIB’s phantom job system blames the worker for not getting a job that may not even exist. Instead of providing support, WSIB minimizes its financial obligation.

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How WorkAid.ca Counters WSIB Phantom Jobs

At WorkAid.ca, we focus on challenging these unfair deeming and phantom job decisions. Our team understands the complex WSIB policies and how to build strong appeals based on your unique circumstances.

We review your entire WSIB file:

• Medical reports

• Vocational assessments

• Labour market re-entry (LMR) plans

• Deeming decisions

We gather powerful evidence:

• Updated medical documentation

• Functional abilities evaluations

• Vocational expert opinions

• Community job market research

We prepare persuasive appeals:

We use WSIB’s own policies, case law, and evidence to show:

• The phantom job is not suitable or available.

• Your restrictions prevent you from performing the deemed job.

• WSIB’s assumptions are not grounded in your actual employability.

We represent you through the process:

• WSIB Internal Appeals

• Workplace Safety and Insurance Appeals Tribunal (WSIAT)

• Ongoing case management

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Real Example:

A 50-year-old injured worker was deemed capable of working as a cashier by WSIB despite:

• Chronic back pain preventing long-standing

• No prior retail experience

• No open positions within 100 km of their home

WSIB slashed their benefits based on this phantom job.

WorkAid.ca gathered medical, vocational, and labour market evidence showing the cashier job was not a viable option.

The appeal succeeded, and full LOE benefits were restored.

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Don’t Let WSIB Phantom Jobs Take Away Your Benefits

You’ve worked hard your entire life. An injury shouldn’t be followed by a system that manufactures jobs to cut your benefits. If you’re facing a WSIB phantom job decision, WorkAid.ca is here to help.

Contact us today for a free consultation.

Let us fight for the full compensation you rightfully deserve.
 

We offer free consultations to evaluate your case and determine the best course of action. We'll answer any questions you have and provide guidance throughout the process.

We work on a contingency fee basis, which means you don't pay us anything unless we win your case. We are committed to fighting for your rights and getting you the compensation you deserve.

We understand that every case is unique, and we take the time to understand your specific needs and goals. We'll work with you every step of the way to ensure your needs are met.

We have a proven track record of success in personal injury cases. Our attorneys have secured millions of dollars in compensation for our clients, and we have the skills and experience to help you too.

We understand that a personal injury can be a traumatic experience, and we are here to provide compassionate and supportive representation. We'll fight for your rights while treating you with the respect and dignity you deserve.