Podcast
Questions and Answers
What benefits are survivors entitled to if a worker dies due to a workplace injury?
What benefits are survivors entitled to if a worker dies due to a workplace injury?
Under the WSIA, what percentage of earnings payments is set aside for retirement for workers receiving loss of earnings payments for over 12 months?
Under the WSIA, what percentage of earnings payments is set aside for retirement for workers receiving loss of earnings payments for over 12 months?
What must workers under 64 do if they wish to contribute an additional 5% towards their retirement income?
What must workers under 64 do if they wish to contribute an additional 5% towards their retirement income?
What happens if the total amount set aside for retirement exceeds $3,000?
What happens if the total amount set aside for retirement exceeds $3,000?
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What type of compensation do workers receive for Non-Economic Loss (NEL)?
What type of compensation do workers receive for Non-Economic Loss (NEL)?
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How is compensation for Non-Economic Loss (NEL) determined?
How is compensation for Non-Economic Loss (NEL) determined?
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What do WSIB annual statements provide for the workers?
What do WSIB annual statements provide for the workers?
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What is the primary purpose of change-over benefits under the WSIA?
What is the primary purpose of change-over benefits under the WSIA?
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What is the NEL amount for a 30-year-old worker who is 80% impaired?
What is the NEL amount for a 30-year-old worker who is 80% impaired?
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Which section of the WSIA details the obligations of employers?
Which section of the WSIA details the obligations of employers?
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What is the result of calculating the NEL for a worker who is 15% impaired with a base amount of $45,958.16?
What is the result of calculating the NEL for a worker who is 15% impaired with a base amount of $45,958.16?
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Survivor benefits under WSIA are primarily provided to whom?
Survivor benefits under WSIA are primarily provided to whom?
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How does the WSIA determine premium rates for Schedule 1 employers?
How does the WSIA determine premium rates for Schedule 1 employers?
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What should all Schedule 1 and Schedule 2 employers do within 10 days of hiring?
What should all Schedule 1 and Schedule 2 employers do within 10 days of hiring?
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What is the lump-sum payment for a surviving spouse intended to cover?
What is the lump-sum payment for a surviving spouse intended to cover?
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Why might Schedule 2 employers need to deposit funds with the Board?
Why might Schedule 2 employers need to deposit funds with the Board?
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What does the Appeals Tribunal focus on when hearing appeals of final Board decisions?
What does the Appeals Tribunal focus on when hearing appeals of final Board decisions?
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What is the timeframe for filing a written notice of objection if a party believes an error was made by the Board?
What is the timeframe for filing a written notice of objection if a party believes an error was made by the Board?
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What authority does the Board have regarding employers' records?
What authority does the Board have regarding employers' records?
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What is a possible consequence for directors or officers if a corporation commits an offence?
What is a possible consequence for directors or officers if a corporation commits an offence?
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What must happen to penalties from convictions related to offences under the WSIA?
What must happen to penalties from convictions related to offences under the WSIA?
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Who appoints the chair and president of the Workers' Compensation Board, now called WSIB?
Who appoints the chair and president of the Workers' Compensation Board, now called WSIB?
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What is required of the WSIB every five years?
What is required of the WSIB every five years?
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What do prosecutions for offences under the WSIA need to occur within?
What do prosecutions for offences under the WSIA need to occur within?
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What is the main purpose of Section 83 within the WSIA framework?
What is the main purpose of Section 83 within the WSIA framework?
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What responsibility does Section 96 impose on the Board regarding the insurance fund?
What responsibility does Section 96 impose on the Board regarding the insurance fund?
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What distinguishes Schedule 2 firms from Schedule 1 firms under the WSIA?
What distinguishes Schedule 2 firms from Schedule 1 firms under the WSIA?
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What is the outcome when deficiencies are identified in the insurance fund?
What is the outcome when deficiencies are identified in the insurance fund?
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What is the nature of the decisions made by the Board as per the WSIA?
What is the nature of the decisions made by the Board as per the WSIA?
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How can parties express disagreement with a decision made by the Board?
How can parties express disagreement with a decision made by the Board?
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What does the WSIA state about the type of decisions the Board can make?
What does the WSIA state about the type of decisions the Board can make?
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What authority does the Lieutenant Governor possess concerning the WSIA insurance fund?
What authority does the Lieutenant Governor possess concerning the WSIA insurance fund?
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Study Notes
Workers' Compensation (Part 2)
- Workplace Safety and Insurance Act (WSIA) expands coverage in this module
- This module covers parts VI through XIII of the WSIA
- Previous module (Module 4) covered foundational concepts like coverage, prevention, insurance, claims, benefits, and return-to-work plans
- Insured payments are covered, including wage replacement (total or supplemental), non-economic loss (NEL), health care, and return-to-work/Labour Market Re-entry Plan (LMRP)
- If a worker dies, survivors receive wage replacement, a lump-sum death benefit, and funeral expenses (sections 43-48 of WSIA).
- Payments start when earnings are lost and continue until the earliest of return to pre-injury work, age 65, two years after the injury (if over 63), and no longer impaired.
- Wage replacement is 85% of the difference between pre- and post-injury earnings, with a minimum capped at lesser of $22,904.44 or pre-injury earnings
- Payments depend on cooperation with health care, return to work, and LMRP
- WSIB payments are not taxable
- Clarification Points regarding WSIA sections 43-48 (death benefits) and calculation methods for payment amounts
Insured Payments
- Workers eligible for compensation covered by the WSIA
- Include wage replacement (full or supplemental) benefits
- Non-economic loss (NEL)
- Health-care costs
- Return-to-work and/or Labour Market Re-entry Plan (LMRP)
Payment Details
- Payments begin when earnings are lost and continue until the earliest of these conditions:
- Return to pre-injury work
- Reaching age 65 (or two years after the injury, if over 63)
- No longer impaired
- Wage replacement equals 85% of the difference between pre-injury and post-injury net earnings, with a maximum capped at the lesser of $22,904.44 or the worker's pre-injury earnings
- Payments dependent on cooperating with health care, safe return to work, and LMRP
- WSIB payments are not taxable
Loss of Retirement Income (WSIA Section 45)
- WSIB sets aside 5% of loss of earnings payments for retirement for over 12 consecutive months.
- Workers under 64 can choose to add 5% more to the contribution to the retirement account
- The contribution amount is deducted from their payments.
- At age 65, workers receive a pension based on the total amount set aside, plus interest. Amounts over $3,000 pay out as annuities or other payment forms; smaller sums pay out as lump sums.
Non-Economic Loss (NEL)
- Compensation for loss of enjoyment of life unrelated to income
- Determined through a two-step process.
- Step 1: Determining impairment using medical assessments and rating schedules
- Step 2: Calculating compensation based on worker's age and impairment percentage -Compensation ranges between a maximum of $85,359.27 and a minimum of $32,831.21 -Calculated using a formula involving the worker's age and impairment percentage
Survivor Benefits (WSIA)
- Benefits paid to survivors of a worker who dies due to a work-related injury.
- Surviving spouse receives a lump sum payment of $80,673.30, adjusted for age (increases under 40, decreases over 40)
- Amounts over 13,132.01 paid monthly for life, otherwise paid as a lump sum.
- Periodic payments based on a percentage of the worker's net average earnings (NAE), with limits and adjustments based on age and the presence of children.
Additional Provisions
- Cremation or burial costs of at least $3,025.25 can be paid
- Other dependents may be eligible, and amounts depend on the presence of a spouse or children
Administration of the Act Summary
- The WSIB (formerly WCB) has various powers:
- Establishing employer premium policies
- Reviewing and recommending amendments to the Act and regulations
- Approving annual budgets and investment policies
- Providing financial assistance to employers for workplace modifications for injured workers or survivors
- Designating and monitoring return-to-work service providers
- The WSIB governing board includes workers and employer representatives
- The WSIB develops an annual strategic plan and mandates a value-for-money audit of one program annually.
- The Office of the Worker Advisor assists non-unionized workers and their survivors
- The Office of the Employer Advisor supports employers with fewer than 100 employees
Decisions and Appeals
- WSIA establishes the exclusive authority of the Board to make decisions regarding classification of industries, determining work-related accidents, and compliance with return-to-work programs
- Decisions are final and cannot be challenged in court.
- Parties can object to decisions or seek mediation if dissatisfied
- Judicial review enables court review of Board decisions
- Appeals Tribunal reviews Board decisions on health care, benefits, and classifications
Enforcement
- The Board has powers to examine employer records to verify accuracy of statements, payroll, and classification (Schedule 1 or 2).
- The Board can inspect premises for safety and compliance with regulations
- Penalties include fines up to $25,000 for individuals, imprisonment up to six months, or both; or up to $500,000 for corporations. All fines contribute to the insurance fund.
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Description
This quiz delves into Modules VI through XIII of the Workplace Safety and Insurance Act (WSIA). It explores various aspects of insured payments, including wage replacement, non-economic loss, and benefits for survivors. Test your understanding of the key components related to workplace safety and insurance coverage.
