Average Weekly Earnings
December 30, 1999 - February 26, 2002
The Workers' Compensation Act (the Act) provides compensation based on the dual award system. A worker who has suffered a work-related disability may be eligible for compensation in the form of a permanent impairment award or loss of earnings benefits. If a worker is absent from work because of a work-related disability, they may be entitled to 75% of their gross weekly loss of earnings. This benefit is normally referred to as a "loss of earnings benefit" or "earnings lossbenefit."
As a starting point in the calculation of earnings loss, the board must determine how much a worker earns from employment-related income. This amount is referred to as "average weekly earnings" in the Act, and cannot exceed an amount set annually by the Board (known as "the maximum wage rate").
Under the Act, the board has the authority and exclusive jurisdiction to calculate average weekly earnings. Calculations of average weekly earnings may be based on any sources of earnings and over such periods of time that the board considers fair and just. This policy establishes the method for calculating average weekly earnings and the resulting earnings loss benefit.
All claim decisions may be appealed to the Workers' Compensation, Health and Safety Board. Calculations of average weekly earnings and resulting benefit rates are claim decisions.
Adjudicators or other appropriate staff will render reasonable assistance to workers to help them to understand this policy. Staff will also assist workers to understand how calculations of average weekly earnings or benefit rates were made.
The purpose of the policy is to ensure that disabled workers who suffer a loss of earnings are compensated at a rate that reflects their most likely loss of earnings. Calculations of average weekly earnings and the resulting benefit rate should recognize the real short and longterm cost to workers of time lost from work
Average Weekly EarningsDecember 31, 1992 - December 30, 1999 | CL-35 | Policies prior to July 1, 2022
Independent Operator/Contractor or ProprietorDecember 31, 1992 - June 30, 2008 | AS-12 | Policies prior to July 1, 2022
Assessment of Operators of Taxi-CabsDecember 31, 1992 - June 30, 2008 | AS-13 | Policies prior to July 1, 2022
Exclusion of Directors from Coverage - Not Subject to the Hazards of the IndustryJanuary 1, 1993 - June 30, 2008 | AS-17 | Policies prior to July 1, 2022
Most often in the Yukon, the owner of an incorporated business is both a worker of the company and a director of that company.
Directors of incorporated companies are now deemed to be workers for the purposes of the Act unless the director appli
Optional CoverageSeptember 30, 1995 - May 15, 2006 | AS-18 | Policies prior to July 1, 2022
The Workers' Compensation Act provides compensation coverage to a "worker", however, not all persons are considered "workers" under the A. Upon application to, and acceptance by the board, an eligible person is "deemed" to be a worker and coverage under
Statement and Estimate of Earnings - Value of ServiceNovember 16, 1993 - June 30, 2008 | AS-23 | Policies prior to July 1, 2022
Commutation of PensionsDecember 31, 1992 - February 16, 2004 | CL-16 | Policies prior to July 1, 2022
Suspension, Reduction and Termination of BenefitsMay 9, 1994 - June 30, 2008 | CL-30 | Policies prior to July 1, 2022
In limited circumstances, the board is permitted to suspend, reduce, or terminate compensation that is payable to a worker or his/her dependants.
Any decision made pertaining to the suspension, reduction or termination of compensation may be app
Minimum Compensation for Total DisabilityJanuary 1, 1993 - March 7, 2005 | CL-37 | Policies prior to July 1, 2022
Loss of Earnings for a Worker Age 63 or OlderDecember 8, 1993 - June 30, 2008 | CL-45 | Policies prior to July 1, 2022
Reviews and AppealsOctober 19, 1999 - August 16, 2001 | GC-05 | Policies prior to July 1, 2022
FraudDecember 12, 1994 - June 30, 2008 | GC-06 | Policies prior to July 1, 2022
Transitional ClauseMarch 6, 1995 - April 25, 2005 | GC-09 | Policies prior to July 1, 2022