Análisis Grafica Compradores VS Propietarios

a percentage of lost

earnings or loss of

earnings capacity…

2007 Key Benefits Information Max. Comp. Earnings % of earnings benefits are based on Waiting

Period required to Employer pay worker for Day of Injury Employer required to pay worker for Period after Injury AB $64,600 90% net No Yes No BC $64,400 90% net No No No

MB No Max 90% net No Yes No

NB $53,200 85% net 3 days No No NL $48,425 80% net No Yes No NT/NU $69,200 90% net No No No NS $46,700 75% net 1st ₂₆ wks then 85% net 2 days No No ON $71,800 85% net No Yes No PE $44,700 80% net 1st ₃₈ wks then 85% net 60% weekly compensa tion No No

QC $59,000 90% net No Yes 14 days

SK $55,000 $55,000

90% net No No No

YT $72,300 75% gross No No No

Source: http://www.awcbc.org/english/board_pdfs/Benefits_Key_Benefits_Information.pdf

For accidents in New Brunswick that occurred in calendar years 2002 through 2006 inclusive, 9.5 percent of claimants had earnings in excess of the maximum compensable earnings (see table below).

Lost-time Claims by Year of Accident Under and Over Maximum Insurable Earnings

Year Under Over Total Percentage

Over 2002 6,614 636 7,250 8.8% 2003 6,669 680 7,349 903% 2004 6,048 689 6,737 10.2% 2005 5,998 615 6,613 903% 2006 5,145 571 5,716 10.0% Total 30,474 3,191 33,665 9.5%

Source: Information provided by WHSCC, October 2007

Currently, New Brunswick does not have a minimum compensation rate. Between 1982 and 1993 there was a minimum compensation earning if an injured worker was totally disabled for 24 months (50

percent of NBIAE). In 2006, six jurisdictions provided for minimum compensation rates between 33.82 percent of the average industrial aggregate weekly wages in Québec to 48.73 percent in Saskatchewan. (See the following table for details).

2006 Average Industrial

Aggregate Wkly Wage $ Compensation Rate $ 2006 Minimum Wkly Compensation as Minimum Wkly % of Wage AB 799.98 275.93 34.49% BC 739.56 334.85 45.28% MB 676.74 281.80 41.64% NB 683.72 None n/a NL 690.99 None n/a

NT/NU 970.30 None n/a

NS 658.94 None n/a ON 781.93 299.52 (MF) 38.31% (MF) PE 607.15 None n/a QC 703.18 237.84 241.19 33.82% 34.30% SK 693.42 337.89 48.73% YT 852.78 None n/a

MF means based on “Modified Friedland” formula. See www.wsib.on.ca for more details

Source: AWCBC – Spring 2007 Top-up/Claw back

In New Brunswick, an injured worker is allowed to earn, through the combination of compensation benefits and financial remuneration, a maximum of 85 percent of his/her pre-accident net earnings. While this does not prevent the employer from paying remuneration to the injured worker who is receiving compensation benefits (top-up), the legislation requires a reduction or claw back of compensation benefits so that the combined total received by the injured worker does not exceed 85 percent of pre-accident net earnings. Seven jurisdictions do allow a top-up, at least in part, without claw back to their compensation as shown in the following table.

Can injured workers receive a top-up to their compensation benefits without claw back?

AB Yes BC Yes MB Yes NB No NL No NS Yes NT/NU Yes ON Yes PE No

Can injured workers receive a top-up to their compensation benefits without claw back?

QC Yes

SK No

YT No

Source: AWCBC Supplemental Benefits – Employment-Related Remuneration, Collateral (Top-Up) Benefits, Spring - 2007

Supplements to Compensation

The Workers’ Compensation Act requires the Commission to reduce loss of earnings benefits when an injured worker receives supplements to compensation (in addition to their benefits). Legislation identifies supplements to compensation as:

• Remuneration from the accident employer (salary, wages, overtime);

• Any income replacement or supplement benefit from the accident employer (vacation pay, sick benefits, employer sponsored disability); and

• Any income replacement or supplement benefit from an employment-related source (employer or union retirement pension, RRSP, CPP retirement).

The Commission, through Policy No. 21-215: Supplements to Compensation, identifies sources of financial remuneration. Currently these include:

• Wage or salary;

• Vacation pay;

• Bonuses and tips;

• Overtime;

• Shift differentials or premiums;

• Retroactive pay increases;

• Sick leave benefits;

• Unemployment insurance benefits;

• Employer-sponsored disability coverage; and

• Any payment by the employer made to or on behalf of the injured worker.

Also included in estimating net capable earnings are: income tax, Employment Insurance (EI) premiums, Canada Pension Plan Disability (CPPD), and contributions under Canada Pension Plan (CPP).

Many jurisdictions have similar policies in place. However, Manitoba excludes retirement pension benefits, vacation pay cash-out, or any severance pay. Newfoundland and Labrador excludes among other income sources, severance pay and CPPD when determining wage loss benefits. Prince Edward Island injured workers are expected to apply for disability benefits under the Canada Pension Plan or the Québec Pension Plan.

Workers under 21 / Students

A worker under the age of 21 is defined as a young worker, whereas a student/learner is a person who is formally training for an occupation, trade, or vocation. In November 2006, the Board of Directors approved Policy No. 21-208: Workers under 21 to interpret the definition of average earnings under the Workers’ Compensation Act which currently provides the Commission with the discretion to estimate the future earnings of workers under the age of 21 when calculating benefits. Evidence that indicates that the average earnings would probably have increased for a young worker includes: acceptance into an educational program at the time of accident; the approaching completion of an educational or apprenticeship program; and/or a job offer.14

However, for workers and students 21 years of age and over, their earnings are based on actual loss of earnings at the time of injury with no provisions for estimating future earnings. The determination of future earnings varies across jurisdictions:

• Future earnings of young workers are not estimated in Ontario, Saskatchewan, and Yukon;

• New Brunswick, Nova Scotia, Manitoba, and Alberta use age specific criteria to determine when young workers are eligible to have future earnings estimated; and

• Newfoundland and Labrador, British Columbia, and Northwest Territories use age criteria to estimate future earnings. The specific age used is based on the individual claim.

Waiting Period

In New Brunswick, the Workers’ Compensation Act provides the authority for a three-day waiting period for compensation benefits (wage-loss benefits). An injured worker does not receive compensation until three days have passed without wages or supplements to compensation, i.e., vacation pay, although all reasonable medical expenses are paid by WHSCC. This amendment was introduced as part of the 1993 legislative package to deal with the Commission’s unfunded liability. Following the changes in 1998, any injured worker can be reimbursed for the three-day wait if: original injury results in hospitalization; compensation lasts for 20 days or more; a recurrence of original workplace injury happens within 20 days of original injury; or recurrence of injury results in hospitalization.

14 _{WHSCC Discussion Paper – Workers’ Compensation Coverage for Workers under 21}

An injured worker