Determining Average Earnings - Concurrent Employment

Policy

Where a worker is concurrently employed at the time of injury, the average earnings are the earnings from all employment at the time of injury.

To be considered “concurrently employed,” the following conditions must exist

  • the accident employer must have WSIB coverage (either compulsory, or by application including self-employment with optional insurance)
  • the worker must have more than one contract of employment (contract for service or contract of service) at the time of injury
  • there must be evidence of more than one continuing contract of employment during the four week period prior to the injury or some lesser period, and the worker must have received earnings from all concurrent employment in any of the four weeks prior to the injury.

Where these conditions are not met, the average earnings should be calculated in accordance with the average earnings policy that applies. See average earnings suite of policies, 18-02-01 to 18-02-08.

Purpose

The purpose of this policy is to describe the method to determine average earnings of a worker who is concurrently employed.

Guidelines

Earnings included

If a worker is injured with a covered accident employer, the decision-maker includes earnings from all employment regardless of whether the concurrent employers are covered under the Workplace Safety and Insurance Act, 1997 (WSIA).

Exceptions

The following earnings are not included in the determination of average earnings

If, in the four weeks before the injury, a worker did not receive earnings from the non-accident job(s) due to illness or vacation, the period is not extended. In these cases the worker is not considered concurrently employed.

Short-term average earnings

A worker's short-term average earnings are the worker's total earnings from all concurrent employment, subject to the statutory maximum.

Short-term average earnings are calculated based on the guidelines for regular or irregular short-term average earnings; see 18-02-02, Determining Short-term Average Earnings.

Long-term average earnings

To calculate the long-term average earnings, the decision-maker first establishes the recalculation period. This period varies depending on whether a worker's concurrent jobs are

  • all permanent
  • some are permanent or non-permanent, or
  • all are non-permanent.

All jobs are permanent

If at the time of injury all of a worker’s jobs are permanent, the worker’s long-term average earnings are recalculated only if it is unfair to continue paying loss of earnings (LOE) benefits based on the short-term average earnings; see 18-02-03, Determining Long-term Average Earnings: Workers in Permanent Employment. The recalculation period is the 12 months before the injury, or some lesser period. The recalculation period may be shortened by a break in the employment pattern.

To recalculate the long-term average earnings the decision-maker

Some jobs are permanent and non-permanent

If at the time of injury a worker has at least one job that is non-permanent, the worker’s long-term average earnings are recalculated because it is unfair to continue paying LOE benefits based on the short-term average earnings. The recalculation period is the 12 months before the injury, or some lesser period. The recalculation period may be shortened by a break in the employment pattern.

To recalculate the long-term average earnings for a worker in both permanent and non-permanent employment, the decision-maker

NOTE

The usual 24-month recalculation period for workers in non-permanent employment is not followed in this type of concurrent employment situation. Rather, where the recalculation involves a worker in both permanent employment and non-permanent employment, the recalculation period is the 12-month period or some lesser period before the injury.

All jobs are non-permanent

If at the time of injury a worker’s jobs are all non-permanent, the decision-maker recalculates the worker’s long-term average earnings because it is unfair to continue paying LOE benefits based on the short-term average earnings. The recalculation period is the 24 months before the injury, or some lesser period. The recalculation period may be shortened by a break in the employment pattern.

To recalculate the long-term average earnings for a worker in non-permanent employment the decision-maker

  • totals the worker's earnings from all concurrent employment in the recalculation period, and
  • divides by the number of days in the recalculation period to arrive at concurrent long-term weekly average earnings.

For more information, see 18-02-04, Determining Long-term Average Earnings: Workers in Non-permanent Employment.

Application date

This policy applies to all decisions, for all accidents occurring on or after April 1, 2016.

Policy review schedule

This policy will be reviewed within five years of the application date.

Document History

This document replaces 18-02-05 dated January 2, 2013.

This document was previously published as:
18-02-05 dated October 12, 2004
18-02-05 dated December 1, 2002
18-02-05 dated September 14, 1999
4.1 dated January 1, 1998.

References

Legislative Authority

Workplace Safety and Insurance Act, 1997, as amended
Section 12(1)(3)(5), 12.2, 53

Minute

Administrative
#4, March 22, 2016, Page 532