Policy
On January 1 every year, the WSIB indexes certain dollar amounts set out in the Workers’ Compensation Act (WCA), as amended by the Workplace Safety and Insurance Act, 1997 (WSIA), that apply to pre-1998 work-related injuries/diseases, and the maximum average earnings in each accident year from 1985 to 1997.
Purpose
The purpose of this policy is to identify the yearly values of the dollar amounts set out in legislation and maximum average earnings.
Guidelines
Dollar amounts set out in legislation
The following dollar amounts set out in legislation, which are used to determine the amount of certain benefits, are indexed annually:
Exception
The maximum amounts of fines for offences are not indexed see 22-01-05, Offences and Penalties - General.
NOTE
Prior to April 30, 2011, the loss of retirement income (LRI) lump sum threshold was an annually indexed amount. For workers who turn age 65 on or after April 30, 2011 the lump sum threshold is the maximum average earnings for the year in which the worker turns age 65.
Maximum average earnings
With respect to WSIB benefits, the maximum average earnings are used to calculate earnings-based benefits (e.g., PD benefits, survivors’ periodic payments) and are the lump sum threshold for LRI benefits for workers who turn age 65 on or after April 30, 2011 (see Note above).
There is one maximum average earnings applicable to accident dates before April 1, 1985. Likewise, there is one maximum average earnings applicable to accident dates between April 1, 1985 and January 1, 1990 (inclusive). From January 2, 1990 onward, maximum average earnings are identified in each accident year. All maximum average earnings are indexed annually.
Prior to 1992, maximum average earnings were legislated amounts. The maximum average earnings in each accident year from 1992 onward are 175 per cent of the average industrial wage (AIW) for Ontario from published Statistics Canada earnings data from the year prior to the accident year.
The maximum average earnings are indexed every January 1.
Indexing factor
The indexing factor is the percentage adjustment applied to values that are subject to annual indexing (e.g., dollar amounts set out in legislation and maximum average earnings) to account for inflation. The indexing factor is prescribed by legislation.
Information about the indexing method can be found in 18-01-14, Annual Indexing.
On or after January 1, 2018
For entitlement periods on or after January 1, 2018, the indexing factor is the percentage change in the Consumer Price Index (CPI) for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada. This factor is applicable for all values subject to annual indexing, and is referred to in the WSIA as the ‘Indexing Factor’.
Between January 1, 1998 and December 31, 2017 (inclusive)
For entitlement periods between January 1, 1998 and December 31, 2017 inclusive, as outlined in the WSIA, different indexing factors are applicable depending on the benefit type, the legislated amount, and the year:
Between 1987 and 1997 (inclusive)
For entitlement periods between 1987 and 1997 inclusive, as outlined in the WCA, different indexing factors are applicable depending on the benefit type, the legislated amount, and the year:
Prior to 1987
For entitlement periods prior to 1987, increases to benefits and/or legislated amounts (including the maximum average earnings) occurred via amendments to the WCA.
Other rates
For benefit dollar amounts for accident dates on or after January 1, 1998 see 18-01-02, Benefit Dollar Amounts - Accidents from 1998. For other rates reviewed annually and set by the WSIB see 18-01-05, Table of Rates.
Annual indexing
The Indexing Factor for 2019 is 2.3%.
| Amount | Value |
|---|---|
| Temporary | |
| Full minimum (accident dates before April 1, 1985) | $22,210.76 |
| Full minimum (accident dates between April 1, 1985 and December 31, 1997) | $23,782.72 |
| Partial minimum (accident dates before April 1, 1985) | $17,027.40 |
| Partial minimum (accident dates between April 1, 1985 and December 31, 1997) | $18,233.28 |
| PD | |
| Full minimum (accident dates before April 1, 1985) | $22,468.16 |
| Full minimum (accident dates on or after April 1, 1985) | $23,782.72 |
| Partial minimum (accident dates before April 1, 1985) | $17,225.00 |
| Partial minimum (accident dates on or after April 1, 1985) | $18,233.28 |
| NEL Benefit | |
| Base amount | $61,361.27 |
| Adjustment factor | $1,364.09 |
| Maximum | $88,632.37 |
| Minimum | $34,090.12 |
| Lump sum threshold | $13,635.56 |
| Survivors' lump sum | |
| Base amount | $83,766.72 |
| Adjustment factor | $2,094.16 |
| Maximum | $125,650.00 |
| Minimum | $41,883.31 |
| Survivors’ periodic payment | |
| Minimum (spouse(s) and child/ren) | $23,782.72 |
| Minimum (spouse(s) no child/ren, child/ren no spouse(s)) | |
| Burial or cremation expenses | |
| Minimum | $3,141.25 |
| Accident date | Maximum average earnings (partial benefits) | Maximum average earnings (full benefits, survivors' periodic payments) |
|---|---|---|
| Before April 1, 1985 (temporary benefits) | $48,500 | $63,200.00 |
| Before April 1, 1985 (PD benefits) | $46,535.72 | $60,700.23 |
| Between April 1, 1985 and January 1, 1990 (inclusive)(temporary benefits) | $53,700 | $70,200.00 |
| Between April 1, 1985 and January 1, 1990 (inclusive)(PD benefits) | $53,700 | $70,200.00 |
| January 2, 1990 (FEL and Temporary) | $53,700 | $70,200.00 |
| 1991 (FEL and temporary) | $55,800 | $72,700.00 |
| 1992 (FEL and temporary) | $64,800 | $84,100.00 |
| 1993 (FEL and temporary) | $65,900 | $85,200.00 |
| 1994 (FEL and temporary) | $66,400 | $85,700.00 |
| 1995 (FEL and temporary) | $68,100 | $88,200.00 |
| 1996 (FEL and temporary) | $67,800 | $86,400.00 |
| 1997 (FEL and temporary) | $68,100 | $85,600.00 |
See 18-01-02, Benefit Dollar Amounts - Accidents from 1998 for the maximum average earnings for accident dates in 1998 and onward.
Document History
This document replaces 18-01-03 dated April 5, 2018.
This document was previously published as:
18-01-03 dated January 4, 2017
18-01-03 dated January 4, 2016
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 49, 51, 52, 52.1, 102, 107.1, 111, 111.1
Workplace Safety and Insurance Act, 1997, as it read prior to January 1, 2018
Sections 49, 50, 51, 52, 52.1, 54, 102, 111
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 35, 38, 39, 42, 44(7), 145, 146, 148, 149, 150
Workers' Compensation Act, R.S.O. 1980, as amended
Sections 36, 41, 42, 45, 132, 133, 136, 136a., 138, 139, 140, 141
O. Reg. 454/09