Worker’s Compensation
Entitlement
Compensation under this Act is payable to a worker who suffers a personal injury by an accident unless the injury is primarily caused by the worker's serious and willful misconduct.
Compensation is also payable to the dependents of a worker who dies as a result of an accident.
The Board is required to pay compensation to a worker who is seriously disabled as a result of an accident, even if the injury is primarily caused by the worker's serious and willful misconduct.
If a worker is found dead at a place where they had a right to be during the course of their employment, it is presumed that the worker's death was the result of a personal injury by an accident related to their employment, unless proven otherwise.
If the personal injury or death of a worker is work-related, it is presumed that the injury or death occurred during the course of employment, unless proven otherwise.
If a worker is required to attend classes or take a course of instruction as part of their employment, those activities are considered part of their employment.
If a worker suffers disablement from an occupational disease and had employment in an industry or performed activities deemed to cause that disease in the preceding 12 months, it is presumed that the disease was caused by that employment or activity, unless proven otherwise.
There are presumptions related to firefighters, including full-time firefighters, part-time firefighters, and paramedics. The Worker’s Compensation Act establishes a presumption that certain types of cancers and myocardial infarctions suffered by firefighters are occupational diseases, unless proven otherwise.
There are also presumptions related to post-traumatic stress disorder (PTSD) for first responders, correctional officers, emergency dispatchers, and other prescribed workers. These presume that if a worker is diagnosed with PTSD or a psychological injury by a physician or psychologist, it is presumed to be an injury that arose out of and occurred during the course of their employment unless proven otherwise.
Time limitation
The Board is not obligated to pay compensation to a worker unless the worker reports the accident to the Board within 24 months after the date of the accident or the date they become aware of the accident.
Similarly, the Board is not obligated to pay compensation to a dependent unless the dependent reports the accident to the Board within 24 months after the date of the worker's death.
Types of Compensation:
For permanent disability: Paid monthly.
For temporary disability: Paid bi-weekly.
Other cases: Compensation is paid based on the Board's discretion.
Compensation
Estimating Impairment of Earning Capacity:
If a worker is injured in an accident and their earning capacity is affected, the Board calculates the estimated loss of net earnings resulting from the accident. Periodic compensation is then paid based on this estimate.
Factors Considered:
The Board considers the worker's net earnings before the accident and their actual earnings or estimated earning capacity after the accident.
Efforts to Support Worker's Employment:
Before estimating earning capacity, the Board must make reasonable efforts to assist the worker in finding suitable employment.
Duration of Compensation:
Compensation is paid as long as the impairment of earning capacity persists.
Calculation of Compensation Amount:
For permanent total disability and temporary total disability: 90% of the worker's net earnings.
For permanent partial disability and temporary partial disability: A proportionate part of 90% of the worker's net earnings based on the estimated impairment of earning capacity.
Minimum Compensation Amounts:
Permanent total disability: Not less than $1640.90 per month.
Permanent partial disability: A proportionate part of $1640.90 per month based on the estimated impairment of earning capacity.
Payments for Temporary Disability:
Compensation for temporary total disability is paid as long as the disability lasts. The amount varies based on the worker's net earnings.
Work Opportunities for Temporarily Partially Disabled Workers:
If suitable work is made available to a worker with a temporary partial disability, and it is fair and just for the worker to accept the work, the worker may receive periodic compensation for earnings loss caused by the residual disability.
Non-Economic Loss Payment:
After reaching a medical plateau, the worker may receive a non-economic loss payment as compensation for permanent clinical impairment resulting from the accident.
Cost of Living Adjustments:
The Board may make adjustments to compensation amounts to maintain parity with the cost of living.
Retirement Benefit:
Workers reaching their retirement date while receiving economic loss payments may be eligible for an annual retirement benefit based on the total amount of periodic compensation paid.
Determining impairment
When determining the extent to which a worker's earning capacity is impaired, the Board takes into account various factors. These factors include:
the nature of the injury sustained by the worker; and
the worker's physical and mental fitness to continue working in the same job or to adapt to another suitable job.
Compensation upon the death of an employee
If the deceased worker had a spouse and an adult interdependent partner:
If the spouse is dependent, they are entitled to a pension.
If the spouse is not dependent but the adult interdependent partner is dependent, the partner is entitled to a pension.
Dependent children have their own rights under the Act.
If the deceased worker had a dependent spouse or dependent adult interdependent partner:
A pension is payable to the dependent spouse/partner, equal to the pension the worker would have received if permanently and totally disabled.
The pension is paid for the benefit of the spouse/partner and dependent children until there are no longer any dependent children.
If a child between 18 and 25 years old becomes dependent due to education, the pension continues until the child is no longer dependent.
If the deceased worker had a dependent spouse/partner but no dependent children:
The pension is payable to the spouse/partner for a term of 5 years.
If the dependent spouse/partner is not gainfully employed when the pension ends:
If they accept rehabilitation services, the pension continues until they become employed or for 5 years after the previous pension ends.
Afterward, a pension may continue until the worker would have reached age 65 or the spouse/partner reaches age 65, whichever is later.
If the deceased worker had dependent children but no spouse/partner or if the spouse/partner later dies:
The pension is paid to the guardian of the dependent children for their maintenance and education.
Once there are no longer any dependent children, the pension continues for 5 years, divided equally among the surviving dependent children.
Lump sum death payment:
A dependent spouse/partner receives a lump sum payment in addition to any other compensation.
If there are dependent children but no spouse/partner, the lump sum is divided equally among the children.
If there are no dependents, the lump sum is paid to the worker's estate.
Additional payments and compensation to dependent children and other dependents are also explained, depending on the circumstances.
The Board provides financial assistance for funeral and burial expenses related to the worker's death.
Medical aid
The Board has the power to make decisions regarding the necessity, type, and adequacy of medical treatment given to an injured worker.
The Board determines the amount of money payable for the medical aid provided to the worker.
No legal action can be taken against the worker, their legal representatives, or their dependents to recover any money related to the medical aid received under worker’s compensation.
The Board cannot be held liable for any amount exceeding the predetermined amount determined by the Board for the medical aid provided under the Worker’s Compensation Act.
AB Worker’s Compensation Act s. 24-24.2, 26, 56-60, 70-77, 80