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

Law

The Workers' Compensation Act, R.S.O. 1980 (WCA, 1980), provides:

s.138(1)

On the 1st day of January, 1986, the WSIB shall adjust dollar amounts set out in the WCA, 1980 and average earnings by applying an indexing factor of 1.7 percent.

s.139(1)

On the 1st day of January in each year, beginning in 1987, an indexing factor shall be determined, based on the percentage change in the Consumer Price Index (CPI) for Canada for the 12 month period ending the 31st day of October of the previous year.

s.139(2)

On the 1st day of January in each year, beginning in 1987, the WSIB shall adjust the dollar amounts set out under the WCA, 1980 and average earnings by applying the indexing factor to the dollar amounts and average earnings as adjusted under this part on the preceding 1st day of January.

The Workers' Compensation Act, R.S.O. 1990 (WCA, 1990), provides:

s.38(1)(a)

Effective January 2, 1990, the maximum amount of average earnings upon which the loss of earnings is to be calculated is the same as it read immediately before January 2, 1990.

s.38(1)(b)

Effective January 1, 1991, the maximum amount of average earnings upon which the loss of earnings is to be calculated is $42,000.

s.38(1)(c)

Beginning in 1992, "...effective on the 1st day of January of each year...(the maximum amount of average earnings upon which the loss of earnings is to be calculated) is 175% of the average industrial wage for Ontario for the year."

s.148(1)

Each January 1, (beginning January 1, 1995) an indexing factor is determined using the formula: (0.75 x CPI) - 1. However, this indexing factor (the Friedland indexing factor) will not be less than 0 percent, nor greater than 4 percent.

s.148(2)

On the 1st day of January each year (beginning January 1, 1995), the WSIB shall adjust all dollar amounts set out in the WCA, 1990, and adjust average earnings, by the Friedland indexing factor.

s.148(1.2), (1.3)

Compensation benefits listed in s.148(1.2) are indexed by the CPI of the previous year [s.148(1.3)]. This indexing factor will not be less than 0 percent.

s.148(4) and retroactivity

Any increase resulting from indexation takes effect only from January 1 of each year, 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.

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

s.49(1)

Each January 1 (beginning January 1, 1998), an indexing factor is determined using the formula: (0.5 X CPI) - 1. However, this indexing factor (the modified Friedland, or general indexing factor) will not be less than 0 percent, nor greater than 4 percent.

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 — except those described in s.49(2), that would otherwise have been adjusted by the general indexing factor.

s.50(1)

Each January 1 (beginning January 1, 1998), all benefits described in s.50(2) of the WSIA-are indexed by the CPI (the alternate indexing factor).

s.51(1)

As of January 1, 1998, the amounts, except those described in s.158(1) of the WSIA-are indexed by the general indexing factor.

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)

On the 1st day of January each year (beginning January 1, 1998) the WSIB shall adjust average earnings by applying the general or alternate indexing factor, as the case may be.

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 January 1 of each year, 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) may 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.

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 after January 1, 1998 see 18-01-02, Benefit Dollar Amounts - Accidents after 1998. 

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

LRI dollar amounts for workers who reach age 65 from 1998 onwards are outlined in Fig. 2 in 18-01-02, Benefit Dollar Amounts - Accidents from 1998
 

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

The method for 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.

NEL dollar amounts for workers who reach MMR (maximum medical recovery) from 1998 onwards are outlined in Fig. 3 in 18-01-02, Benefit Dollar Amounts - Accidents from 1998
 

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

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

Figures for deaths that occur from 1998 onwards are outlined in Fig. 4 in 18-01-02, Benefit Dollar Amounts - Accidents from 1998
 

*1. Not applicable - indexing does not affect benefits in the year in which the accident occurred.
*2. In 1986, an indexing factor of 1.7% was legislated, as was a provision that all dollar amounts set out in the WCA, 1980, be adjusted each January 1st, using the CPI.
*3. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*4. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*5. Temporary indexing factor per s.52(1.2)
*6. Temporary indexing factor per O. Reg. 454/09, as amended

*1. Not applicable - indexing does not affect benefits in the year in which the accident occurred.
*2. In 1986, an indexing factor of 1.7% was legislated, as was a provision that all dollar amounts set out in the WCA, 1980, be adjusted each January 1st, using the CPI.
*3. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*4. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*5. Temporary indexing factor per s.52(1.2)
*6. Temporary indexing factor per O. Reg. 454/09, as amended
 

*1. Not applicable - indexing does not affect benefits in the year in which the accident occurred.
*2. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*3. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*4. Temporary indexing factor per s.52(1.2)
*5. Temporary indexing factor per O. Reg. 454/09, as amended
 

*1. Not applicable - indexing does not affect benefits in the year in which the accident occurred.
*2. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*3. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*4. Temporary indexing factor per s.52(1.2)
*5. Temporary indexing factor per O. Reg. 454/09, as amended
 

*1. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*2. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*3. Temporary indexing factor per s.52(1.2)
*4. Temporary indexing factor per O. Reg. 454/09, as amended
 

*1. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*2. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*3. Temporary indexing factor per s.52(1.2)
*4. Temporary indexing factor per O. Reg. 454/09, as amended
 

*1. The use of the Friedland indexing factor was legislated, effective January 1, 1995. The Friedland factor applies to all dollar amounts, with the exception of benefits listed in s.148(1.2).
*2. Additional adjustment per s.52(1.4) only applies to average earnings previously indexed January 1, 2007 by the general indexing factor.
*3. Temporary indexing factor per s.52(1.2)
*4. Temporary indexing factor per O. Reg. 454/09, as amended
 

*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

*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

*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

Document history

This document replaces 18-01-03 dated January 4, 2016.

This document was previously published as:
18-01-03 dated January 2, 2015
18-01-03 dated February 3, 2014
18-01-03 dated February 1, 2013
18-01-03 dated February 1, 2012
18-01-03 dated February 1, 2011
18-01-03 dated February 23, 2010
18-01-03 dated February 18, 2009
18-01-03 dated March 3, 2008
18-01-03 dated July 3, 2007
18-01-03 dated February 19, 2007
18-01-03 dated February 20, 2006
18-01-03 dated October 12, 2004
05-01-02 dated August 12, 1999

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 46, 48, 49, 50, 51, 52, 52.1, 102, 111

O. Reg. 454/09, as amended

Workers' Compensation Act, R.S.O. 1990, as amended
Sections 35, 38, 42, 44(7), 148, 149, 150

Workers' Compensation Act, R.S.O. 1980, as amended
Sections 36, 133, 138, 139, 140, 141

This policy was archived on April 5, 2018