Yukon Workers' Compensation Health and Safety Board

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The following definitions are provided solely as a guide. Please consult subsection 101(1) of the Workers' Compensation Act (1992), and section 1 of the Occupational Health and Safety Act, for the official interpretation of the terms.

Assessable earnings: the gross earnings of each worker, up to the annual maximum amount specified by the Board.

Assessment: premiums paid to the Board by employers for workers' coverage, optional personal coverage, and related charges.

Average weekly earnings: the earnings of a worker, converted to a weekly average. The board calculates that amount based upon sources of earnings and over a period of time that the board considers fair and just.

Board: the Workers' Compensation Health and Safety Board established under the Workers' Compensation Act.

Dependant: a member of the family of the worker who is wholly or partially dependent on the worker's earnings for the ordinary necessities of life, or who would have been dependent if not for the worker's work-related disability.

Director: a member of a corporation who makes decisions which affect the viability of that corporation, and is registered as a director with the Corporate Affairs Branch of the Justice Department of the Government of Yukon.

Disability: in respect of a worker means a work-related incapacity as determined by the board, and includes post-traumatic stress, a permanent impairment, and death.

Earnings: include salary, wages, commissions, tips, remuneration for overtime, piece work and contract work, bonuses and allowances, the cash equivalent of board and lodging, store certificates, credits, directors fees, indemnities and allowances paid to members of the Legislative Assembly, and any substitute for money. It does not include any amount received for expenses incurred by the worker by reason of the worker's employment.

Employer: under the 1992 Workers' Compensation Act, the definition of employer is, "a person, firm, association, organization or corporation who employs one or more workers in an industry. This includes the Government of the Yukon, a person who employs a person in their domestic service otherwise than on a casual basis, a trustee, receiver, liquidator, executor, or administrator who carries on in an industry, any person deemed by the board to be an employer, a contractor and a subcontractor".under the Occupational Health and Safety Act, the definition of employer is, "a person who employes one or more workers or who contracts for the services of one or more workers, and includes a contractor or sub-contractor who undertakes with an owner, constructor, contractor or sub-contractor to perform work or supply services".

Experience account: the sum of all assessments paid and claims costs charged to the account of an employer. An employer may have more than one experience account when operating in more than one class.

Industry: includes every establishment, undertaking, trade, or business in or being carried out in the Yukon except industries excluded by regulation.

Learner: any person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry in the course of undergoing testing, training, or probationary work as a preliminary to employment.

Maximum assessable earnings: employers only pay assessments on their workers' earnings up to a yearly maximum rate. Since 1998, this amount is equal to the maximum wage rate for the year.

Maximum wage rate: workers are compensated for their lost earnings up to a maximum yearly rate. In 2005, this amount is $67,000. A worker who earns more than $67,000 annually will receive 75% of $67,000 as compensation for loss of earnings.

Member of the family: in respect of a worker means the worker's spouse or former spouse, parent, grandparent, step-parent, child, grandchild, step-child, sibling, half-sibling, and a person who stands in loco parentis to the worker or to whom the worker stands in loco parentis.

Members of the Board: a neutral chair, an alternate chair, two labour representatives, and two industry representatives are appointed to the Workers' Compensation, Health and Safety Board. The president and CEO of the board sits as a non-voting member.

Minister: the member of the Executive Council responsible for the Workers' Compensation, Health and Safety Board.

Occupational illness: a condition that results from the exposure in a workplace to a physical, chemical or biological agent to the extent that the normal physiological mechanisms are affected and the health of the worker is impaired, and includes an industrial disease as defined by the board.

Outworker: a person to whom articles or materials are given to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted at their own home or at other premises not under the control or management of the person who gave the person the articles or materials.

Partnership: two or more persons or corporations joined together in a common business venture for profit, in which there is a risk of loss.

Payroll: in respect of an employer means the total earnings earned in a year by all workers employed by an employer engaged in an industry.

Personal or optional coverage: coverage for individuals not automatically covered by the Workers' Compensation Act. It includes compensation benefits and protection from legal action for workers' injuries.

Principal: a person or entity that hires a contractor or subcontractor to perform work or services.

Proprietor or sole proprietor: a person who has title and ownership of a business or property, and operates without workers.

Safety officer: chief industrial safety officers, chief mines safety officers and safety officers administer and enforce the Occupational Health and Safety Act under the supervision of the president of the Workers' Compensation Health and Safety Board and the director of the Occupational Health and Safety branch.

Supervisor: a competent person in charge of a workplace or who has authority over a worker.

Vehicle: any mode of transportation whose operation is protected by liability insurance.

Volunteer: a person who does volunteer work for which they receive little or no earnings.

Work-related: in reference to a disability of a worker means a disability arising out of and in the course of the employment of a worker.

Worker: under the 1992 Workers' Compensation Act, worker means a person performing services for an employer under a contract of service or an apprenticeship, unless the person is an outworker or is employed on a casual basis, for purposes other than the employer's industry. A person engaged in mine rescue work with the consent of the person in charge of the management of a mine or of an authorized mine rescue crew, is also a worker. Learners, directors of corporations, members of the Legislative Assembly, some volunteers, and any person deemed by the board or by regulation to be a worker, are workers as well. Under the Occupational Health and Safety Act, the definition of worker includes any person engaged in training for mine rescue work, any person who is doing rescue work at a mine after an accident, and the employees of a contractor who is engaged in operations under a contract he has with another person.