Can a WSIAT Worker Claim Journeyperson Wages After Retraining in Ontario?

Can an injured apprentice claim journeyperson wages for workers’ compensation in Ontario?

Yes — in the right circumstances, an injured worker who was partway through a trade apprenticeship may be entitled to have their average earnings calculated at the journeyperson rate, not just the lower apprentice wage they were earning at the time of the accident. The Workplace Safety and Insurance Appeals Tribunal (WSIAT) addressed exactly this issue in Decision No. 72/26, 2026 ONWSIAT 502 (CanLII).

This matters because average earnings form the foundation of loss-of-earnings (LOE) benefits. A higher baseline means higher ongoing compensation if the worker cannot return to their pre-injury job.

How does WSIAT calculate average earnings for an injured worker?

Average earnings are generally based on what the worker was making before the injury, but the Tribunal has the authority to look beyond the snapshot wage. Where a worker was on a defined earnings trajectory — such as a registered apprenticeship program with set wage increases at each level — the Tribunal can factor in what the worker would have earned upon completion.

The key question is whether the evidence establishes a clear and realistic path to the higher wage. Collective agreements, apprenticeship schedules, employer records, and trade certification timelines are all relevant. The more concrete the evidence, the stronger the claim for a higher average earnings figure.

What is self-directed retraining and does WSIAT recognize it?

Self-directed retraining refers to a situation where an injured worker takes it upon themselves to pursue education or skills upgrading — rather than waiting for the WSIB to assign a formal retraining plan. The Tribunal can recognize these programs, but recognition is not guaranteed.

For a self-directed program to be accepted, the worker generally needs to show that the training is suited to their physical restrictions, that it leads to realistic employment, and that it was pursued in a structured and documented way. Workers who simply enroll in a course without informing the WSIB or without linking the training to their functional limitations may find their claim for related benefits rejected.

What happens if modified work is offered but the worker cannot do it?

When an employer offers modified or light-duty work after an injury, the WSIB expects the worker to accept suitable work that falls within their medical restrictions. If the worker refuses appropriate modified work, their LOE benefits can be reduced or suspended.

However, the offer must genuinely match the worker’s restrictions. If the modified role exceeds what the worker’s treating practitioners say they can safely do, the refusal may be justified. Documentation from physicians and specialists is critical in these disputes. Workers should never simply refuse modified work without first getting a clear medical opinion in writing.

What evidence do injured workers need to support a higher wage claim?

Strong documentation makes or breaks these claims. Useful evidence includes apprenticeship registration records, wage schedules showing progression through the trade, letters from the employer or union confirming the worker’s status, and medical evidence linking the injury to the inability to complete the apprenticeship.

For retraining claims, workers should keep records of every course, credential, and communication with the WSIB. A paper trail showing that the retraining was chosen thoughtfully and in response to real functional limitations is far more persuasive than a general statement that the worker decided to upgrade their skills.

Practical takeaways for injured workers in Ontario

• If you were an apprentice when injured, gather your apprenticeship registration documents and wage progression schedule immediately — these are essential to claiming journeyperson-level average earnings.
• Do not start self-directed retraining without notifying the WSIB — programs pursued without WSIB knowledge are much harder to have recognized for compensation purposes.
• Get every modified work offer in writing and have your doctor review it against your functional restrictions before deciding whether to accept or decline.
• Keep a detailed file of all WSIB correspondence, medical notes, and retraining records — gaps in documentation are one of the most common reasons appeals fail at WSIAT.
• Consult an employment lawyer early if you believe your average earnings have been calculated incorrectly or your retraining claim has been unfairly denied — WSIAT appeals have strict timelines.

How can an Ontario employment lawyer help with a WSIAT appeal?

WSIAT appeals involve detailed statutory rules, policy documents, and medical evidence that can be difficult to navigate without legal guidance. Our Ontario employment lawyers regularly assist workers who believe their loss-of-earnings benefits have been miscalculated or their retraining entitlements denied.

Whether you are dealing with a disputed wage rate, a rejected retraining plan, or a modified work dispute, getting advice early gives you the best chance of a successful outcome. Workers in the Hamilton and Burlington areas can also reach our team through our Hamilton employment law page for locally focused support.

If you are in the Mississauga or surrounding area and facing a WSIB or WSIAT issue, our Mississauga employment lawyers are available to review your situation.

UL Lawyers offers a free initial consultation from our Burlington office and serves clients across Ontario. If your workers’ compensation benefits do not reflect what you were actually on track to earn, speak with our workplace injury and employment law team to understand your options.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.