Policy
The average earnings used to calculate periodic payments for survivors are generally based on the deceased worker's long-term average earnings on the date of injury.
If the deceased worker was no longer engaged in the accident/exposure job on the date of injury, the WSIB may take into account the average earnings on the date of the worker's injury of a person engaged in the same trade, occupation, profession or calling as the worker was engaged in and out of which the injury/disease arose.
A worker's date of injury varies based on the nature of the event(s) that give rise to his or her claim for benefits. See policy 11-01-04, Determining the Date of Injury for guidelines regarding date of injury by claim type.
NOTE
For information about the different types of survivor benefits, see section 20, "Survivors," in the Operational Policy Manual.
Purpose
The purpose of this policy is to identify the average earnings used to calculate periodic payments for survivors.
Guidelines
Average earnings for periodic payments
Periodic payments are generally based on the greater of
- the worker's long-term average earnings, or
- the minimum of $15, 312.51 (indexed) stated in the Workplace Safety and Insurance Act, 1997
on the date of injury.
In cases where a worker was no longer engaged in the accident/exposure job on the date of injury (e.g., occupational disease diagnosed after the worker had moved to a different job or after the worker had permanently left the workforce), the periodic payment is generally based on the greater of
- the worker's long-term average earnings (if any)
- the average earnings of a person engaged in the same trade, occupation, profession or calling as the worker had been engaged in and out of which the worker's injury/disease arose, or
- the minimum of $15,312.51 (indexed) stated in the Workplace Safety and Insurance Act, 1997
on the date of injury.
See 18-02-03, Determining Long-term Average Earnings: Workers in Permanent Employment, 18-02-04, Determining Long-term Average Earnings: Workers in Non-permanent Employment and 18-02-08, Determining Average Earnings - Exceptional Cases (for exceptional cases that include a recalculation of average earnings [e.g., learners, students], the periodic payment is based on the recalculated average earnings).
Application date
This policy applies if the injury or disease that resulted in a worker's death occurred on or after January 1, 1998.
Policy review schedule
This policy will be reviewed within five years of the publication date.
Document history
This is a new policy.
References
Legislative authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 43, 48, 48.1, 53
Minute
Administrative
#1, March 11, 2016, Page 532