Average Weekly Earnings
Effective Dates
December 30, 1999 - February 26, 2002
Policy Code
CL-35
General Information
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.
Purpose
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
Prior Policies
Average Weekly Earnings
December 31, 1992 - December 30, 1999 | CL-35 | Policies prior to July 1, 2022Policy References
Independent Operator/Contractor or Proprietor
December 31, 1992 - June 30, 2008 | AS-12 | Policies prior to July 1, 2022Assessment of Operators of Taxi-Cabs
December 31, 1992 - June 30, 2008 | AS-13 | Policies prior to July 1, 2022Exclusion of Directors from Coverage - Not Subject to the Hazards of the Industry
January 1, 1993 - June 30, 2008 | AS-17 | Policies prior to July 1, 2022Most 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 Coverage
September 30, 1995 - May 15, 2006 | AS-18 | Policies prior to July 1, 2022The 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 Service
November 16, 1993 - June 30, 2008 | AS-23 | Policies prior to July 1, 2022Commutation of Pensions
December 31, 1992 - February 16, 2004 | CL-16 | Policies prior to July 1, 2022Suspension, Reduction and Termination of Benefits
May 9, 1994 - June 30, 2008 | CL-30 | Policies prior to July 1, 2022In 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 Disability
January 1, 1993 - March 7, 2005 | CL-37 | Policies prior to July 1, 2022Loss of Earnings for a Worker Age 63 or Older
December 8, 1993 - June 30, 2008 | CL-45 | Policies prior to July 1, 2022Reviews and Appeals
October 19, 1999 - August 16, 2001 | GC-05 | Policies prior to July 1, 2022Transitional Clause
March 6, 1995 - April 25, 2005 | GC-09 | Policies prior to July 1, 2022