Benefit Dollar Amounts - Accidents before 1998 - Archived January 2, 2025

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:

• minimum amounts for temporary disability benefits
• minimum amounts for permanent disability (PD) benefits
• base amount, adjustment factor, maximum amount, minimum amount, and lump sum threshold for non-economic loss (NEL) benefits
• base amount, adjustment factor, maximum amount, and minimum amount for survivors’ lump sum
• minimum amount of periodic payments for a surviving spouse and child/ren
• minimum amount of net average earnings (NAE) for calculating periodic payments for surviving spouse(s) where no child/ren or for surviving child/ren where there are no spouse(s), and
• minimum burial or cremation amount.

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:

• Alternate Indexing Factor: the percentage change in the CPI for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada (also referred to as CPI)
• General Indexing Factor: (1/2 x Alternate Indexing Factor) - 1 (also referred to as modified Friedland)
• Temporary Indexing Factor: an amount prescribed by the Lieutenant Governor in Council by regulation to replace the General Indexing Factor for a given year
• Additional Adjustment: an amount prescribed by the Lieutenant Governor in Council by regulation in addition to the General and/or Alternate Indexing Factors for a given 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:

• The percentage change in the CPI for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada (also referred to as CPI).
• [3/4 x A] - 1 in which “A” is the percentage change in the CPI for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada (also referred to as Friedland).

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 2024 is 4.4%.

* Both full and partial temporary disability benefits use the partial maximum average earnings value.

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 January 3, 2023.

This document was previously published as:
18-01-03 dated January 4, 2022
18-01-03 dated January 4, 2021
18-01-03 dated September 2, 2020
18-01-03 dated January 2, 2020
18-01-03 dated January 23, 2019
18-01-03 dated April 5, 2018
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

This policy was archived on January 2, 2025.

Appendix

Indexed legislated amounts and maximum average earnings

Fig. 1 - Minimum for temporary benefits calculation (accident dates before April 1, 1985)

The minimum is applied as part of the temporary benefit calculation.

*1. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

Fig. 2 – Minimum for PD benefits calculation (accident dates before April 1, 1985)

The minimum is applied as part of the PD benefit calculation. See 18-07-04, Calculating Permanent Disability Benefits for information about how the minimum is applied in the PD benefit calculation.

*1. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

Fig. 3 – Minimum for temporary benefits calculations (accident dates between April, 1, 1985 to December 31, 1997 [inclusive])

*1. This is the amount provided for in the WCA, 1980 (as amended)
*2. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing on January 1, 1986 and thereafter

Fig. 4 - Minimum for PD benefits calculation (accident dates between April, 1, 1985 to January 1, 1990 [inclusive])

The minimum is applied as part of the PD benefit calculation. See 18-07-04, Calculating Permanent Disability Benefits for information about how the minimum is applied in the PD benefit calculation.

*1. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

Fig. 5 - LRI lump sum threshold

The applicable LRI lump sum threshold is the amount for the year in which the worker turns age 65. See 18-04-17, Loss of Retirement Income Benefits (Accidents from January 2, 1990 to December 31, 1997) for information about LRI for accidents between January 2, 1990 and December 31, 1997 (inclusive).

*1. This is the amount provided for in the WCA, 1990 (as amended), and subject to indexing thereafter up to and including 2011

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

Fig. 6 - Amounts for NEL benefits

NEL benefits are calculated using the amounts applicable for the date the worker reaches maximum medical recovery (MMR). See 18-05-04, Calculating NEL Benefits for more information about calculating NEL Benefits.

*1. These are the amounts provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

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

Fig. 7 - Amounts for survivors' lump sum benefits

Survivors' lump sum benefits are calculated using the amounts applicable for the date of the worker’s death. See 20-03-04, Spouse with No Children and 20-03-10, Children and No Spouse for more information about how the survivors’ lump sum benefit is calculated.

*1. These are the amounts provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

Amounts for survivors’ lump sum benefits for deaths that occur from 1998 onwards are outlined in Fig. 4 in 18-01-02, Benefit Dollar Amounts - Accidents from 1998.

Fig. 8 - Minimum amount for survivors’ periodic payments

Survivors' periodic payments are calculated using the minimum amounts applicable for the date of the worker’s death. See 20-03-04, Spouse with No Children, 20-03-06, Spouse with One or More Children, and 20-03-10, Children and No Spouse for information about how the minimum applies in periodic payment calculations.

*1. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

The minimum amount for deaths that occur from 1998 onwards are outlined in Fig. 5 in 18-01-02, Benefit Dollar Amounts - Accidents from 1998.

Fig. 9 - Minimum amount for burial or cremation expenses

The minimum amount for burial or cremation expenses is the minimum amount for the date of the worker’s death. See 20-03-02, Burial Expenses for information about burial or cremation expenses.

*1. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

The minimum amount for burial or cremation expenses for deaths that occur from 1998 onwards are outlined in Fig. 6 in 18-01-02, Benefit Dollar Amounts - Accidents from 1998.

Fig. 10 - Maximum average earnings for accident dates before April 1, 1985 (temporary benefits)

*1. This is the amount provided for in the WCA, 1980 (as amended), and subject to indexing thereafter

Fig. 11 - Maximum average earnings for accident dates before April 1, 1985 (PD benefits)

*1. This is the amount provided for the WCA, 1980 (as amended), and subject to indexing thereafter

Fig. 12 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between April, 1, 1985 and January 1, 1990 (inclusive)

*1. This is the amount provided for in the WCA, 1980 for April 1985 onward, and subject to indexing thereafter

Fig. 13 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 2, 1990 and December 31, 1990 (inclusive)

*1. This is the amount provided for in the WCA, 1990 for January 2, 1990, and subject to indexing thereafter

Fig. 14 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1991 and December 31, 1991 (inclusive)

*1. This is the amount provided for in the WCA, 1990 for January 1, 1991, and subject to indexing thereafter

Fig. 15 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1992 and December 31, 1992 (inclusive)

Fig. 16 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1993 and December 31, 1993 (inclusive)

Fig. 17 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1994 and December 31, 1994 (inclusive)

Fig. 18 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1995 and December 31, 1995 (inclusive)

Fig. 19 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1996 and December 31, 1996 (inclusive)

Fig. 20 - Maximum average earnings for accident dates and work-related deaths resulting from injuries/diseases between January 1, 1997 and December 31, 1997 (inclusive)

Fig. 21 - Factors