Pre-1990 Permanent Disability Benefits and Supplements

 

If you never fully recovered from a workplace injury or illness that occurred before 1990, you may be entitled to a permanent disability benefit (A permanent disability benefit helps compensate you both for your reduced ability to earn as much money as before your accident, and for the actual physical loss or impairment itself. The permanent disability benefit is also referred to as a pension or PD award).

The amount of your permanent disability benefit depends on:

  • how much you were earning before your accident
  • the date of your injury, and
  • the level of your permanent disability.

Calculating your permanent disability benefit

To calculate your permanent disability benefit, we use your wages before your accident, adjust them to today's dollar value, and then apply a percentage rating according to the WSIB Permanent Disability Rating Schedule. Your rating will correspond to your level of impairment when you’ve recovered as much as possible from the injury or illness and significant improvement is not expected. We call this maximum medical recovery (MMR).

Claims for accidents before April 1, 1985

If you were injured before April 1, 1985, we calculate your permanent disability benefit based on 75% of your gross earnings (earnings before deductions) for the year or lesser period immediately before the date of your accident, adjusted to today's dollar value.

To calculate your monthly permanent disability benefit amount, we convert 75% of your gross earnings to a monthly amount, and then multiply it by the percentage level of disability.

Here's an example of how we calculate your permanent disability benefit:

Accident date: January 12, 1983 

  • PD Basis (pre-accident gross earnings): $350.00 
  • Percentage of Award: 20% 
  • Monthly Gross Earnings: $350.00 x 4.3333* = $1516.66/month 
  • 75% of Gross Earnings(value of 100% Permanent disability benefit):$1137.49/month 
  • Value of 20% Permanent disability benefit in 1983:$1137.49 x 20% = $227.50/month 
  • Permanent disability benefit adjusted to 2002 dollar value:$379.04/month

* 4.3333 = weeks in a month

Claims for accidents between April 1, 1985 and January 2, 1990

If you were injured between April 1, 1985 and January 2, 1990, we calculate your permanent disability benefit based on 90% of your net average earnings (earnings after deductions) before the date of your accident, adjusted to today's dollar value.

To calculate your monthly permanent disability benefit amount, we convert 90% of your net average earnings figure to a monthly amount and then multiply it by the percentage level of disability.

An example of how we calculate your permanent disability benefit is shown below:

Accident date: November 15, 1985

  • PD Basis (pre-accident gross earnings):$500.00/ week
  • Net Exemption Code:01
  • Net Average Earnings:$378.09/ week
  • Weekly Rate (90% net):$340.28
  • Percentage of Award:20%
  • Value of 100% Permanent disability benefit:$340.28 x 4.333* = $1474.54/ month
  • 20% Permanent disability benefit as of November 1985:$1474.54 x 20 % = $294.91/ month
  • Permanent disability benefit adjusted to 2002 dollar value:$416.63/ month

* 4.3333 = weeks in a month

Permanent disability benefit payment

We pay permanent disability benefit in two ways:

  • A one-time only payment (lump sum) or
  • a monthly payment.

In either case, you can request a reassessment of your permanent disability if your medical condition gets worse.

Lump sum

If your permanent disability benefit award is 10% or less in all your claims and your permanent impairment is not expected to worsen, you may ask for a one-time lump sum payment. Once the lump sum is paid, no monthly permanent disability benefit is payable.

Receiving a lump sum payment does not affect your entitlement to other WSIB benefits and services.

Monthly permanent disability benefit

If your permanent disability benefit is greater than 10% in all your claims, it is paid as a monthly benefit. The permanent disability benefit is payable for life.

What if my permanent disability benefit is 100%?

Severely injured workers who have a 100% permanent disability benefit also receive special assistance.

To receive more information, please contact your case manager.

Pre-1990 Supplements

In some cases, people with pre-1990 injuries who have been granted a permanent disability benefit may also qualify for a supplement or other benefits. These benefits are:

  • Permanent Disability - Work Transition Supplement
  • Permanent Disability Supplement
  • Permanent Disability Supplement Additional Amount

You may qualify for any one or more of these benefits if:

  • You can't work and your permanent disability benefit is less than a 100% permanent disability level
  • Even with your permanent disability benefit, you still don’t earn as much as you did before your accident (earnings adjusted to today’s dollar value)
  • You are not working, but are trying to find suitable work

Supplements for claims for accidents before April 1, 1985 when added to your permanent disability benefit cannot exceed 75% of your gross pre-injury earnings, adjusted to today's dollar value.

Supplements for claims for accidents after April 1, 1985 when added to your permanent disability benefit cannot exceed 90% of your net average earnings, adjusted to today's dollar value.

Permanent disability - work transition supplement (s.147(2))

To qualify for a permanent disability - work transition supplement, you must meet the following conditions:

  • You are participating and cooperating a Work Transition Plan
  • The Work Transition Plan , together with your permanent disability benefit, could increase your ability to earn about the same amount as your pre-accident earnings, adjusted to today's dollar value

The permanent disability benefit-work transition supplement is also referred to as the Full Temporary Supplement or the 147 (2) Supplement.

Permanent disability supplement (s.147(4))

We pay a permanent disability supplement if:

  • You are working but still have a wage loss and do not meet the requirements for a Permanent disability-work transition supplement.
  • A Work Transition Plan probably will not benefit you to the extent required to receive a Permanent disability-work transition supplement.

In the past, a permanent disability supplement amount could not be more than what you would get with Federal Old Age Security (OAS) benefits. Due to a change in legislation, as of December 31, 2017, the indexing of this supplement is no longer limited by the federal OAS maximum. This increases fairness for those injured before 1990.

Your case manager reviews your financial/employment status and the permanent disability supplement at 24 months, 60 months and/or when you turn 65 years old.

The permanent disability supplement is also referred to as the 147 (4) Supplement.

Permanent disability supplement additional amount (s. 147 (14))

The permanent disability supplement additional amount benefit became available in January 1995 to help injured workers with an income reduction who are/were eligible to receive a permanent disability supplement. The permanent disability supplement additional amount benefit started at $200 per month in 1995 and is adjusted annually. If you are receiving it at 65, you will continue to receive it for life.

The permanent disability supplement additional amount is also referred to as the Bill 165 or the 147 (14) Supplement.

For those who receive the permanent disability supplement additional amount and are eligible for federal OAS benefits, the additional amount is no longer potentially reduced due to federal OAS eligibility. This used to be the case, however changed due to legislation that took effect on Dec. 31, 2017.

Notes:

  1. Your permanent disability benefit and supplement(s) combined cannot exceed your claim limit.
  2. Pre-1990 benefits are indexed annually to help ensure that benefits keep pace with inflation and can maintain their purchasing power.