Fatal Claim Premium Adjustment

Policy

In the year of a traumatic fatality claim, a premium increase, equivalent to the NEER or CAD 7 refund an employer is entitled to receive, is applied to the employer of the deceased worker.

The rate framework is effective January 1, 2020. It is a new classification and premium rate setting model for Schedule 1 employers. The new model replaces the NEER and CAD 7 programs. As a result, employers participating in the NEER or CAD 7 programs will receive their last NEER or CAD 7 refund in 2020.

Purpose

The purpose of this policy is to outline how a premium increase may be applied to an employer in the year of a traumatic fatality claim.

Guidelines

Definitions

NEER Refund means the refund derived from all the injury years reviewed by NEER in a given year.

CAD-7 refund means the refund derived from all the injury years reviewed by CAD-7 in a given year.

General

If a traumatic fatality occurs, the decision-maker examines whether the deceased worker’s employer would be entitled to receive a refund under NEER, CAD 7 or both. If so, a premium increase is applied to the employer of the deceased worker equivalent to the refund.

Merits and justice

In applying this policy, decision makers will also consider policy 11-01-03, Merits and Justice.

Traumatic fatalities under the rate framework

The "Traumatic fatalities" section of 14-02-01, Employer Level Premium Rate Setting, outlines how a traumatic fatality impacts an employer's experience record for the purposes of premium rate setting under the rate framework. The section is applicable to an employer even if a premium increase is applied to them under this policy.

Application date

This policy applies to all decisions made on or after January 1, 2020.

Document history

The document replaces 14-02-17 dated June 13, 2008.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 82(1)(2)(3)(4), 83(1)(2)(3)

Minute

Administrative
#9, December 11, 2019, Page 570