Benefits
The Yukon Workers' Compensation, Health and Safety Board operates a dual award system. Workers can receive loss of earnings benefits, and/or a permanent impairment award. They also receive health care assistance. In addition, dependants of deceased workers (work-related death) are entitled to some
benefits.
Workers' compensation is a `no fault' system. No blame is assigned. A worker who was responsible for the injury is still eligible for compensation, unless they purposely hurt themselves to receive compensation. Each injury is considered on a case by case basis. In the majority of cases, compensation benefits will be paid even though the worker may have been at fault.
Workers are required to be active participants in their recovery program.
Loss of earnings benefits
The YWCHSB shall pay injured workers loss of earnings benefits only for days on which the worker has experienced loss of earnings. As a result, the worker's intial short term benefit payment does not begin until the first day on which the worker has an actual loss of earnings because of the work-related injury.
Section 22 of the Act provides that a worker's loss of earnings benefit is based on his/her average weekly earnings at the time the injury occurred.
Loss of earnings benefits are paid based on 75 % of the worker's gross earnings, up to the maximum wage rate. Loss of earnings payments are calculated on a seven-day workweek. Compensation payments are not taxed. However, workers must report their benefits to Revenue Canada. A statement of benefits paid (T5 Form) is issued to claimants each year on the last day of February. For clarification of any concerns or questions that may arise, contact the local taxation office.
A seasonal or non-permanent worker claiming wage loss benefits will be asked to submit proof of pre-injury earnings. This might include T-4's, tax returns, pay stubs or letters from employers verifying periods of employment and gross earnings.
Most injuries do not require time off work. Entitlement to loss of earnings benefits is directly linked to your employers' ability to provide suitable or modified work, even if it is not your regular job. Take the functional abilities form you get from your doctor immediately to your workplace and discuss with your employer/supervisor what work you can do. Decisions made by the Board regarding entitlement to loss of earnings will be made after examining modified work opportunities. Even if your doctor has indicated that time off is warranted, you still need to take the steps to speak with your employuer and discuss functional abilities and modified work. Failure to do so may affect entitlement to benefits.
The YWCHSB is responsible for providing fair compensation and services to help the worker become fit to return to some type of suitable employment. Inability to find work does not entitle the worker to compensation benefits nor does it entitle them to vocational rehabilitation services. Other agencies are mandated to assist workers in finding employment once they are work ready.
Permanent impairment
Workers may be entitled to an award for anatomical loss or disfigurement. The award is calculated on the worker's age, the percentage of impairment, and the maximum wage rate for the year. Policy EN-12: Permanent Impairment describes the formula for determining the amount of the award, which may be paid as a pension or as a lump sum.
The worker may also be eligible for loss of earnings benefits.
Return-to-Work Services
The YWCHSB provides return to work services for injured workers. These services may include vocational and academic training to reduce or remove the effect of an injury.
Recovering workers receive assistance in safely returning to work as soon as possible. A recovery plan including return-to-work, is developed with the worker to assist throughout the early return-to-work process or to assist the worker to become employable again.
The Return-to-Work program is a beneficial, pro-active approach to returning injured workers to a safe and productive work environment as soon as medically possible. It is a partnership involving workers, employers, health care providers and the YWCHSB. The goal is to minimize the impact of workplace injuries.
Death Benefits
Section 43 to 49 of The Yukon Workers' Compensation Act (2008) provides for death and funeral benefits in relation to workers whose death was work-related.
Lifetime monthly pensions are provided for surviving spouses. Surviving spouses of workers who died in 1993 or later receive 3.125 percent of the maximum wage rate ($54,200 in 1998) for the year of payment. In 1998, this amount is $1,693.75 per month.
Dependent children receive a pension at 1.25 percent of the maximum wage rate for the year of accident. In 1998, this amount is $677.50 paid monthly for each child until the age of 19, or 21 years if the dependent is in school full time.
Other benefits
Travel expenses
Exceptional costs associated with travel are paid when workers are required to attend health care assistance treatment or vocational services. Return-to-work workers may also be paid travel expenses if they live outside of Whitehorse and are asked to come to the YWCHSB office by a YWCHSB staff member.
Damaged clothing and personal items
The YWCHSB may pay for the loss or damage of clothing and personal items such as dentures and glasses, if the loss is related to an approved claim. The YWCHSB pays for either the cost of repair or the cost of replacement, whichever is the lesser amount, up to a maximum amount set by order of the Board of Directors.
Health Care Assistance
Injured workers have a right to health care assistance. They may receive services, devices or equipment to relieve their work-related injury. This includes care by authorized health care providers, hospitalization, prescribed medication, aids to independent living, etc…
Workers are required to participate in all treatment that the YWCHSB considers essential to their recovery. If the health care assistance is related to the original injury, the costs may be covered even when compensation benefits have been discontinued.
Injured workers can choose their doctor, but may not change doctors while receiving compensation without the approval of the YWCHSB.
If the YWCHSB agrees to health care assistance treatments that requires travel to another city, travel and living expenses may be paid.
Injured workers should contact their adjudicator or case manager to ensure health care assistance treatments will be accepted as part of the recovery and return-to-work plan.
Yukon Workers' Compensation Health and Safety Board
