Workers’ compensation is a government program that supports employees if they become injured or ill because of where they work or what they do. Support comes in the form of monetary benefits and paid time off. Aside from knowing the benefits that you get from workers’ compensation, it’s also important to know how long you can be on workers’ compensation in Canada.
How long can you be on workers’ compensation in Canada?
To know how long you can be on workers’ compensation in Canada, the relevant laws to look at would be the Workers’ Compensation Act in your province or territory. These laws also established Workers’ Compensation Boards (WCBs) in each province and territory.
It is the WCBs’ role to process the claims for benefits granted under the workers’ compensation laws and dictate the insurance premiums to be paid by each employer.
Here are some of the provinces and its respective workers’ compensation law and WCB:
- Ontario: Workplace Safety and Insurance Act, 1997 formed the WSIB
- Québec: Workers’ Compensation Act established the CNESST
- British Columbia: Workers Compensation Act set up WorkSafeBC
- Alberta: Workers’ Compensation Act which created the WCB Alberta
- Nova Scotia: Workers’ Compensation Act built WCB Nova Scotia
Workers’ Compensation Benefits and its Periods
There are different benefits under Canadian workers’ compensation laws that you can use due to a work-related injury or disease. Although there are different laws which govern workers’ compensation in each locality, these benefits are almost similar to each other.
Below are some the average or common periods on how long you can be on workers’ compensation in Canada. For the specific periods applicable to your case, contact your WCB or a workers’ compensation lawyer.
Find out the definition of occupational disease, laws, and benefits in this article.
Wage Loss Benefits: until you get back to work
Loss-of-earnings benefit provides you with a percentage of your wages during the time that you cannot work after a work-related accident or because of an occupational disease. It’s also called wage replacement benefit or wage loss benefit by some WCBs.
Wage loss benefit starts from the day or shift that you missed due to an accident or disease. This benefit will continue until:
- you’ve recovered and have returned to work – either full-time or part-time; or
- you’ve reached 65 years old – at that point, you are eligible for loss-of-retirement-income benefit
The computation of your wage loss benefit will depend on the province you’re in. Under Ontario’s WSIB, this would be 85% based on your take-home pay. In other provinces, it may be as high as 90%, such as in Alberta.
Watch this video from WCB Alberta to know more about how they compute a wage replacement benefit:
Consult with a lawyer in your area to know how long you can be on workers’ compensation in Canada. If you’re in Edmonton, for example, contact a Lexpert-Ranked workers compensation lawyer in Alberta.
Changes Affecting your Wage Loss Benefits
There are certain changes in your circumstances that may affect how long you can be receiving your full wage loss benefits.
When any of these happen, report to your WCB immediately. Otherwise, it may be interpreted as a misrepresentation on your part, or on your employer. This may result in administrative and legal consequences.
- Working part-time: doing this will not invalidate your wage loss benefits, but they will be reduced based on the wages you’re earning in your part-time role. This applies when your employer, for example, offers you a work-at-home set-up, which may either be in the same or a different position.
- Other insurance payment or government benefits: There are instances where you or your employer use different insurance policies for long-term or short-term disability. Also, other government programs may entitle you to other monetary benefits, which must also be reported to your WCB.
Long-Term Compensation
When your injury or illness requires long-term recovery or treatment, your wage loss benefit will be converted into a long-term disability benefit.
Your WCB will be the one to determine if such is the case. For example, WorkSafeBC converts an employee’s wage loss benefits into a long-term one when their wage loss benefit extends beyond 10 weeks.
Retirement Income: until your death
Loss-of-retirement-income benefit replaces your lost retirement income due to the workplace injury or illness you’ve suffered. This will begin once you’ve turned 65 years old and will end when you die.
This is in addition to the pension benefits that you may receive. For example, pension income that you may receive from the Canada Pension Plan or from your employer’s pension plan will not affect the amount of your loss-of-retirement-income benefit.
Some points to keep in mind:
- If you die before reaching 65 years old because of your injury: your dependents will receive survivor’s benefits
- If you die after turning 65 years old because of your injury or due to natural causes: your dependents will receive the amount allotted for your loss-of-retirement-income benefit
Health Care Benefits: according to your medical assessment
Your WCB may cover the costs of medical treatment and rehabilitation to help you get back to work. This benefit may include:
- Hospitalization expenses
- Surgery
- Prescription drugs
- Medical equipment or assistive devices
- Medical supplies
- Travel and accommodation for your medical treatment
Approval of any of these costs will be based upon your physician’s recommendation and upon approval of your WCB. The laws on workers’ compensation provide that WCBs must approve these costs whenever necessary and appropriate for the recovery of the insured employee.
These medical costs and expenses will be paid until you’ve fully recovered or once you’ve reached the maximum medical improvement.
Pre-approval of health care benefits
Most of the time, these health care benefits must be pre-approved by your WCB.
For example, under Ontario WSIB’s guidelines, health care benefits that are approved by the WSIB can be used at the registered health care practitioner or provider. They will be refunded directly, ensuring that you won’t have to pay your healthcare practitioner or provider.
In any case, WSIB must pre-approve the following arrangements:
- when treatment will be provided in your home
- when your treatment is by a health care practitioner not registered with the WSIB
To learn more about how long you can be on workers’ compensation in Canada, contact a Lexpert-ranked workers' compensation lawyer today.