Benefit Dollar Amounts - Accidents after 1998 - Archived April 5, 2018

Law

The Workplace Safety and Insurance Act, 1997 (WSIA) provides:

s.49(1)

Each January 1, starting in 1998, a general indexing factor for the year is calculated using the formula: (0.5 x CPI*) - 1. However, the indexing factor will not be less than 0 percent, nor greater than 4 percent. The general indexing factor applies to the calculation of all benefits payable under Part VI of the WSIA — except those described in s.49(2).

*CPI is the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada.

s.49(3)

The general indexing factor does not apply to the calculation of all benefits payable under Part VI of the WSIA — except those described in s.49(2), for the two years commencing January 1, 2008 and January 1, 2009; and applies to the calculation of all benefits payable under Part VI of the WSIA — except those described in s.49(2), for the year commencing January 1, 2010 and for all subsequent years.

s.49(4)

For the two years commencing January 1, 2008 and January 1, 2009, a temporary indexing factor of 2.5 percent applies to the calculation of all benefits payable under Part VI of the WSIA, that would otherwise have been adjusted by the general indexing factor — except those described in s.49(2).

s.50(1)

Each January 1, starting in 1998, an alternate indexing factor for the year is calculated. It is the amount of the percentage change in the CPI. However, the indexing factor will not be less than 0 percent. The alternate indexing factor applies to all benefits described in s.50(2).

s.51(1)

Each January 1, starting in 1998, the amounts set out in the WSIA are indexed by the general indexing factor — except those described in s.158(1).

s.51(1.1)

Subsection 51(1) is subject to any regulations made under s.52.1(1).

s.51(3)

Despite s.51(1), on January 1, 2008 and January 1, 2009, the amounts set out in the WSIA (as adjusted on the preceding January 1) shall be adjusted by the temporary indexing factor of 2.5 percent per s.49(4).

s.51(4)

Subsections 49(3) and (4) apply to the indexation of amounts set out in the WSIA, with necessary modifications.

s.51(5)

Despite s.51(1), on January 1 in any calendar year specified in a regulation made under s.52.1(1)(a), the amounts set out in the WSIA (as adjusted on the preceding January 1) that would otherwise be adjusted by the amount of the general indexing factor shall be adjusted by the amount of the temporary indexing factor prescribed in the regulation.

s.51(6)

On July 1, 2007, the amounts set out in the WSIA, that were adjusted by the general indexing factor on January 1, 2007, shall be adjusted by an additional 2.5 percent.

s.51(7)

On any date specified in a regulation made under s.52.1(1)(b), the amounts set out in the WSIA (as most recently adjusted under the WSIA) shall be adjusted by the prescribed additional adjustment.

s.52(1)

Each January 1, starting in 1998, the WSIB adjusts average earnings by applying the general or alternate indexing factor, as the case may be, to the average earnings (as adjusted on the preceding January 1) and makes consequential changes to the amounts payable under Part VI of the WSIA.

s.52(1.1)

Subsection 52(1) is subject to any regulations made under s.52.1(1).

s.52(1.2)

Despite s.52(1), on January 1, 2008 and January 1, 2009, the WSIB shall adjust average earnings that would otherwise be adjusted by the general indexing factor by applying the temporary indexing factor described in s.49(4) to the average earnings (as adjusted on the preceding January 1) and shall make consequential changes to the amounts payable under Part VI of the WSIA.

s.52(1.3)

Despite s.52(1), on January 1 in any calendar year specified in a regulation made under s.52.1(1)(a), the WSIB shall adjust average earnings that would otherwise be adjusted by the general indexing factor by applying the temporary indexing factor prescribed in the regulation to the average earnings (as adjusted on the preceding January 1) and shall make consequential changes to the amounts payable under Part VI of the WSIA.

s.52(1.4)

On July 1, 2007, the average earnings, that were adjusted by the general indexing factor on January 1, 2007, shall be adjusted by an additional 2.5 percent and any consequential changes to the amounts payable under Part VI of the WSIA will be made.

s.52(1.5)

On any date specified in a regulation made under s.52.1(1)(b), the WSIB shall adjust average earnings by the prescribed additional adjustment and shall make consequential changes to the amounts payable under Part VI of the WSIA.

s.52(2)

Any increase resulting from indexation takes effect only from the specified effective date and does not entitle a person to claim additional compensation for any period prior to the effective date, or with respect to any benefit commuted or paid as a lump sum before the effective date.

s.52.1(1)

The Lieutenant Governor in Council may, by regulation,
a)    prescribe a temporary indexing factor to replace the general indexing factor described in s.49(1) for the purposes of s.51(5) and s.52(1.3), and specify the calendar year for which the temporary indexing factor shall be applied;
b)    prescribe an additional adjustment for the purposes of s.51(7) and s.52(1.5), and specify the date on which it shall be applied.

s.52.1(2)

A temporary indexing factor prescribed under s.52.1(1)(a) may be higher but not lower than, the general indexing factor described in s.49(1); or may be higher or lower than the alternate indexing factor described in s.50(1).

s.52.1(3)

An additional adjustment prescribed under s.51.1(1)(b) may be higher or lower than the general indexing factor described in s.49(1); or the alternate indexing factor described in s.50(1).

s.52.1(4)

The application of a prescribed temporary indexing factor or prescribed additional adjustment may be subject to any terms, restrictions, limitations, conditions or exclusions that are set out in the regulation.

s.52.1(5)

A regulation made under this section may create different classes of workers and may impose different requirements or create different entitlements with respect to each class.

s.54

If a worker’s average earnings are greater than 175 percent of the average industrial wage for Ontario for the year, the worker’s average earnings are deemed to be 175 percent of the average industrial wage for Ontario for the year.

O. Reg. 454/09, as amended

1.    For the purposes of s.51(5) and s.52(1.3) of the Act, a temporary indexing factor of 0.5 percent shall be applied for 2010, 2011, 2012, 2013, 2014, 2015 and 2016.

2.    For the purposes of subsections 51(5) and 52(1.3) of the Act, a temporary indexing factor of 1 per cent shall be applied for 2017.

NOTE

For other rates annually reviewed and set by the WSIB see 18-01-05, Table of Rates.
For benefit dollar amounts prior to January 1, 1998 see 18-01-03, Benefit Dollar Amounts - Accidents before 1998.

Fig. 1 - Annually indexed dollar amounts for minimum payment for full loss of earnings [s.43(2)] (*1)

*1. The minimum amount of the payment for full loss of earnings is the lesser of the minimum for the year of the accident/disease or the worker's net average earnings before the accident/disease.
*2. Not applicable: indexing does not affect benefits in the year in which the accident occurred.
*3. Additional adjustment per s.51(6) only applies to amounts in the WSIA previously indexed January 1, 2007 by the general indexing factor.
*4. Temporary indexing factor per s.51(3)
*5. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 2 - Annually indexed dollar amounts for loss of retirement income (LRI) lump sum threshold [s.45(6), (6.1)]

*1. Not applicable: indexing does not affect benefits in the year in which the accident occurred.
*2. s.45(6) of the WSIA was amended by Bill 187 to change the amount as of July 1, 2007. No change to indexation.
*3. Temporary indexing factor per s.51(3)
*4. Temporary indexing factor per O. Reg. 454/09, as amended
*5. s.45(6) of the WSIA was amended by Bill 110 to change the amount, to the maximum amount of average earnings (per s.54), for the year in which the worker turns 65.

Fig. 3 - Annually indexed dollar amounts for NEL benefits [s.46]

*1. Not applicable: indexing does not affect benefits in the year in which the accident occurred.
*2. 5.06% is July 1, 2007 and January 1, 2008 indexing combined.
*3. Temporary indexing factor per s.51(3)
*4. Temporary indexing factor per O. Reg. 454/09, as amended

The method of calculating NEL Benefits remains the same each year, but the base amount and adjustment factor are indexed annually. For more information, see 18-05-04, Calculating NEL Benefits

Fig. 4 - Annually indexed dollar amounts for lump sum survivors' benefits [s.48]

*1. Not applicable: indexing does not affect benefits in the year in which the accident occurred.

The method of calculating survivors' benefits remains the same each year but the base amount and adjustment factor are indexed annually. For more information, see section 20 "Survivors" in the Operational Policy Manual (OPM).

Fig. 5 - Annually indexed dollar amounts for minimum burial or cremation expenses [s.48(22)] (See 20-03-02, Burial Expenses)

*1. Not applicable: indexing does not affect benefits in the year in which the accident occurred.

Fig. 6 - For accidents or diseases occurring January 1, 1998 to December 31, 1998 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 7 - For accidents or diseases occurring January 1, 1999 to December 31, 1999 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 8 - For accidents or diseases occurring January 1, 2000 to December 31, 2000 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 9 - For accidents or diseases occurring January 1, 2001 to December 31, 2001 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 10 - For accidents or diseases occurring January 1, 2002 to December 31, 2002 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 11 - For accidents or diseases occurring January 1, 2003 to December 31, 2003 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 12 - For accidents or diseases occurring January 1, 2004 to December 31, 2004 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 13 - For accidents or diseases occurring January 1, 2005 to December 31, 2005 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 14 - For accidents or diseases occurring January 1, 2006 to December 31, 2006 (inclusive) [s.54]

*1. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*2. Temporary indexing factor per s.52(1.2)
*3. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 15 - For accidents or diseases occurring January 1, 2007 to December 31, 2007 (inclusive) [s.54]

*1. Temporary indexing factor per s.52(1.2)
*2. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 16 - For accidents or diseases occurring January 1, 2008 to December 31, 2008 (inclusive) [s.54]

*1. Temporary indexing factor per s.52(1.2)
*2. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 17 - For accidents or diseases occurring January 1, 2009 to December 31, 2009 (inclusive) [s.5]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 18 - For accidents or diseases occurring January 1, 2010 to December 31, 2010 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 19 - For accidents or diseases occurring January 1, 2011 to December 31, 2011 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 20 - For accidents or diseases occurring January 1, 2012 to December 31, 2012 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 21 - For accidents or diseases occurring January 1, 2013 to December 31, 2013 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 22 - For accidents or diseases occurring January 1, 2014 to December 31, 2014 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 23 - For accidents or diseases occurring January 1, 2015 to December 31, 2015 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 24 - For accidents or diseases occurring January 1, 2016 to December 31, 2016 (inclusive) [s.54]

*1. Temporary indexing factor per O. Reg. 454/09, as amended

Fig. 25 - For accidents or diseases occurring January 1, 2017 to December 31, 2017 (inclusive) [s.54]

Document history

This document replaces 18-01-02 dated January 4, 2016.

This document was previously published as:
18-01-02 dated January 2, 2015
18-01-02 dated February 3, 2014
18-01-02 dated February 1, 2013
18-01-02 dated February 1, 2012
18-01-02 dated February 1, 2011
18-01-02 dated February 23, 2010
18-01-02 dated February 18, 2009
18-01-02 dated March 3, 2008
18-01-02 dated July 3, 2007
18-01-02 dated February 19, 2007
18-01-02 dated February 20, 2006
18-01-02 dated October 12, 2004
18-01-02 dated April 11, 2003
18-01-02 dated April 29, 2002
18-01-02 dated January 31, 2002
18-01-02 dated May 23, 2000
18-01-02 dated June 15, 1999

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 43(2), 45(6), (6.1), (6.2), 46, 48, 49, 50, 51, 52, 52.1, 54

O. Reg. 454/09, as amended

This policy was archived on April 5, 2018.