Policy
If a worker is concurrently employed, the worker's actual earnings from the accident job may be adjusted if that job is part-time.
The term "concurrent employment" is used when a worker is simultaneously working more than one job or apprenticeship.
The information in this document ONLY relates to workers that have two jobs and whose injury occurs during the part-time job. The "part-time" employment is identified by its fewer hours or lower wages. The other job is deemed to be "regular" employment.
If the worker is able to continue the non-accident work but is disabled from the "accident" job, compensation benefits are paid based on the accident job earnings.
If the worker is disabled from both jobs, the compensation rate is based on either
- the equivalent earnings of a full-time employee, in the part-time work, or
- the total earnings from both the worker's regular and part-time jobs
whichever is less. This also applies to a case involving two or more part-time jobs.
Application date
This policy applies to all decisions made on or after November 1, 1989, for accidents prior to January 1, 1998.
Document History
This document replaces 05-02-05 dated November 1989.
References
Legislative Authority
Workers' Compensation Act, R.S.O. 1990, as amended
Sections 40(3), 144, 145, 146
Minute
Administrative
#12, June 30, 2004, Page 386