2020 Analysis of Workers' Compensation Laws - 65

Chart VI-Income Benefits for Total Disability, cont.

Notes, cont.
provided by employer or to obey any order or reasonable
rule adopted by employer for the safety of the employee.
Disability compensation may not be awarded under the
Utah Workers' Compensation or Occupational Disease
Acts when major contributing cause of employee's
injury is use of illegal substances, intentional abuse of
prescribed drugs, or intoxication from alcohol with a
blood or breath alcohol concentration of 0.08 or greater.
If the use of illegal substances is not found to be the
major contributing cause of the injury, disability benefits
may be reduced by 15% if the use of illegal substances
is found to contribute to the cause of the injury. The
presumption established by use of illegal substances
may be rebutted by evidence.
Vermont-Prior to terminating TT payments,
employer must notify employee who has not successfully
returned to work (unless employee successfully returns
to suitable employment) and the commissioner. Notice of
payment discontinuation must include date, documented
reason for discontinuation, and supporting evidence.
PT benefits payable at least 330 weeks, after temporary
disability benefits cease. After 330 weeks, PT benefits
continue while there is lost earning capacity.
48.

49.
Virginia-Recipient of Social Security may be eligible
for cost-of-living increases.

Washington-After 7/1/08, minimum benefits are 15%
of state average monthly wage, plus $10 if married, plus
$10 for each dependent up to five dependents. However,
if this amount is more than 100% of worker's gross
wages, the monthly minimum is 100% of the gross wages
or the monthly minimum amount effective through 7/1/08,
whichever is greater.
50.

West Virginia-All awards with dates of injury before
5/12/95, and awarded before 7/1/03, until death. If date of
injury is on or after 5/12/95, and award is before 7/1/03,
until claimant attains the age necessary to receive
federal old-age retirement benefits under the Social
Security Act. All awards made on or after 7/1/03, until
claimant attains age 70, regardless of date of injury. Rate
adjustment not applicable for any PT award made on or
after 7/1/03; PT awards made prior to 7/1/03 are frozen at
the 6/30/03 benefit rate.
51.

West Virginia-Employees of the state or any of its
subdivisions may not simultaneously receive temporary
workers' compensation benefits and sick/vacation pay.
52.

53.
Wyoming-Benefits paid monthly, maximum is
state average monthly wage, which changes quarterly.
Worker's benefits are capped by state average monthly
wage at time of injury. PT benefits are based on a
percentage of the worker's actual monthly earnings, not
to exceed state monthly average wage. Minimum amount
for TT disability benefits of 30% of the statewide average
wage, but not to exceed 100% of actual monthly earnings
at time of injury.
54.
Wyoming-PT benefits are awarded for 80 months.
Extensions must be filed yearly and are approved by the
division.
55.
Virgin Islands-During vocational rehabilitation,
income benefits are 75% of AWW, maximum state AWW,
minimum $75 or actual wage if less.
56.
FECA-Election required if benefits from Civil
Service Retirement and Disability Fund (CSRA) or Federal

Employees' Retirement System (FERS) are payable. In
addition, individuals who receive Social Security benefits
due to federal service are subject to offset.
57.
Longshore Act-Effective 9/29/84. Nonappropriated
Fund Instrumentalities Act employees subject to same
maximum and minimum weekly rates as employees
covered under Longshore Act.

66.
Manitoba-Injured workers who are 61 years of age
or older at time of injury are eligible to receive wage-loss
benefits until they are fit to return to work or 48 months,
whichever comes first. This applies to accidents after
12/31/05.
67.
New Brunswick-For single worker; $832.31 if
married.

58.
Longshore Act-Minimum weekly payment does not
apply to Defense Base Act 42 USC 1652 (a).

68.
New Brunswick-If 63 or older at time of injury, two
years of benefits.

59.
Alberta-There is no cap on weekly compensation
rates for workers with dates of accident on or after
9/1/18. While there is no limit on insurable earnings
used for the calculation of a worker's benefits, there
is a limit on assessable earnings per worker used in
the calculation of an employer's assessment. The 2020
maximum assessable earnings level is set at $98,700.
Business owners may purchase personal coverage up
to the same maximum as assessable earnings ($98,700
for 2020).

69.
New Brunswick-CPI calculated based on Statistics
Canada information from July to June of each year.

British Columbia-Based on $87,100 as of 1/1/20,
maximum wage (RS&CM 69.00).
60.

61.
British Columbia-TT and TP benefits are payable
until the later of age 65 or date of retirement, as
determined by the board, for workers younger than 63 on
the date of injury. For workers 63 or older on the date of
injury, benefits are paid until the later of two years after
the date of injury or the date of retirement [§201(1), Act].
Benefits for PT disabilities are payable until the later of
age 65 or the date of retirement per RSCM policy #37.00.
62.
British Columbia-Weekly benefits are based on
90% of net earnings minus CPP, employment insurance,
and income tax deductions [§§220 and 221, Act]. If net
average earnings are less than the minimum weekly level
of benefits, 100% of the net average earnings are less
than the minimum weekly level of benefits, 100% of the
net average earnings will be paid without deductions
[§191, Act].
63.
Manitoba-Net average earnings minus probable
deductions for income tax, CPP contributions, and
employment insurance premiums. The tax-free status
of Workers Compensation Board benefits is also
considered.

Manitoba-For workers with mandatory coverage,
there is no ceiling or cap on insurable earnings for
accidents occurring after 12/31/05. While there is no
limit on insurable earnings used for the calculation of a
worker's benefits, there is a limit on assessable earnings
per worker used in the calculation of an employer's
assessment. The 2020 maximum assessable earnings
level is set at $127,000. Business owners may purchase
personal coverage. In 2020, the policy limit is $513,990.
64.

Manitoba-Injured workers earning less than
minimum annual earnings will receive wage-loss benefits
based on 100% of net average earnings. Since 10/1/19,
the minimum annual earnings level is set at $24,232.
Workers who earn slightly above $24,232 will have
their wage-loss benefits based on the higher of 90% of
worker's actual net average earnings or 100% of net
average earnings based on a minimum wage income
level ($24,232).
65.

2020 Analysis of Workers' Compensation Laws | 65

70.
Newfoundland and Labrador-If worker is 63 or older
at the time of injury, maximum time for benefits is two
years.
71.

Nova Scotia-TD Code 1.

Nova Scotia-Until loss of earnings ends, no longer
resulting from injury, or worker reaches age 65.
72.

73.
Ontario-Net average earnings are gross wages
minus probable income taxes, CPP/QPP premiums, and
unemployment insurance premiums. Lower figure if
single, higher figure if married with one child.
74.
Ontario-The amount of the payment for loss of
earnings is 85% of the difference between the worker's
net average earnings before the injury and the net
average earnings that the worker earns or is able to earn
in suitable and available employment or business after
the injury. However, the minimum amount for full loss of
earnings is the lesser of $17,559.88 or the worker's net
average earnings before the injury.
75.
Ontario-CPI paid on full loss of earnings benefits.
CPI paid on partial loss of earnings are indexed
according to 50% of CPI-1%, not less than 0%, not more
than 4%.
76.
Québec-Gross income less federal and provincial
income tax net of credits established in relation to
family situation of worker, unemployment insurance and
Québec Pension Plan premiums, and contributions to
Québec Parental Insurance Plan.
77.
Québec-Income replacement indemnity is reduced
by 25% at age 65, 50% at age 66, and by 75% at age 67.
78.
Saskatchewan-The maximum wage rate is $1,709.73
(in 2020) for workers injured on or after 1/1/14. Workers
are paid the 90% net amount, which is $1,538.76 minus
probable income tax, employment insurance and CPP
deduction amounts (in 2020).
79.
Saskatchewan-Minimum compensation is either
$690.80 per week (as of 1/1/20) or the deceased worker's
average earnings, whichever is less.
80.
Saskatchewan-Up to 63 or older at time of injury,
two years of benefits.
81.
Yukon Territory-Injured workers earning equal to
or less than the minimum compensation amount will
receive 100% of their weekly loss of earnings. If earnings
are more than the minimum compensation amount, an
injured worker will receive 75% of his or her weekly
gross earnings or the minimum compensation amount,
whichever is greater. The determination of PT disability
will be made after a functional capacity assessment.
2020 Analysis of Workers' Compensation Laws

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