Worker’s Compensation
Compensation to worker
Temporary Total Disability:
If a worker has a temporary total disability due to an injury, the workers' compensation board must pay them compensation. The compensation is a periodic payment and is calculated as 90% of the worker's average net earnings.
There is a minimum compensation amount, which is $446.17 per week if the worker's average earnings per week are equal to or greater than that amount.
If the worker's average earnings per week are less than $446.17, the compensation will be equal to their average earnings.
Temporary Partial Disability:
If a worker has a temporary partial disability due to an injury, the workers' compensation board must pay them compensation.
The compensation is a periodic payment and is calculated as 90% of the difference between the worker's average net earnings before the injury and the estimated loss of earnings.
The estimated loss of earnings can be based on the average net earnings after the injury or the average net earnings the worker is capable of earning in a suitable occupation after the injury.
The minimum compensation is calculated based on the same rules as temporary total disability but only for the extent of the partial disability.
Recurrence of Temporary Disability after 3 Years:
If there is a recurrence of temporary total or partial disability after 3 years from the initial injury, the compensation can be calculated as if the recurrence date was the date of the injury.
If the worker has received compensation for permanent partial disability for the initial injury, the compensation for the recurrence should be calculated without deducting the compensation for permanent partial disability.
The total compensation payable for the recurrence should not exceed the maximum payable under the workers' compensation regulations.
Permanent Total Disability:
If a worker has a permanent total disability due to an injury, the workers' compensation board must pay them compensation.
The compensation is a periodic payment and is calculated as 90% of the worker's average net earnings.
There is a minimum compensation amount, which is $1,933.73 per month.
Permanent Partial Disability:
If a worker has a permanent partial disability due to an injury, the workers' compensation board must estimate the impairment of the worker's earning capacity based on the nature and degree of the injury.
The compensation is a periodic payment and is calculated as 90% of the board's estimate of the worker's loss of average net earnings resulting from the impairment.
The minimum compensation is calculated based on the same rules as temporary total disability but only for the extent of the permanent partial disability.
The board may have a rating schedule that provides percentages of impairment for specific injuries to guide the determination of compensation in permanent partial disability cases.
Compensation to family
If a worker is injured or dies in the course of their employment, compensation will be paid by the Board from the accident fund.
However, if the injury is solely caused by the serious and willful misconduct of the worker, compensation is not payable unless it results in death or serious permanent disability.
In case of an injury caused by an accident, it is presumed that the injury occurred during the worker's employment unless proven otherwise.
If the injury prevents the worker from earning full wages at their job, compensation (except for healthcare benefits) will be paid from the day following the injury.
Healthcare benefits may be provided to the injured worker on the day of the injury.
If a worker dies or is fatally injured, the workers' compensation board is responsible for paying funeral and related expenses, as determined by their policies. The employer is responsible for transporting the body to the nearest business premises for funeral services, and if burial takes place elsewhere, the board may cover the additional transportation costs.
A dependent spouse or foster parent in Canada who is entitled to compensation will receive a lump sum payment of $3,009.38.
If a worker dies or is fatally injured, the board must provide compensation to the dependents of the deceased worker. The compensation can be in the form of periodic payments for the lifetime of the recipient unless stated otherwise in the division.
The amount of monthly payment for a dependent spouse who is 50 years of age or older or incapable of earning, with no dependent children, is calculated based on a percentage of the monthly rate of compensation that would have been payable if the deceased worker had a permanent total disability. The minimum monthly payment under this section is $1,263.70.
The amount of monthly payment for a dependent spouse who is under 50 years of age and capable of earning, with no dependent children, is calculated based on a percentage determined by subtracting 1% from 60% for each year the spouse's age is under 50. The minimum monthly payment under this section is $1,263.70.
If the deceased worker leaves a dependent spouse and one or more dependent children, the monthly payment is calculated based on a percentage of the monthly rate of compensation. The amount varies depending on the number of child dependants, with additional payments for each child beyond the second child.
If the deceased worker leaves dependent children but no dependent spouse, the monthly payment is calculated based on a percentage of the monthly rate of compensation. The amount varies depending on the number of child dependants, with additional payments for each child beyond the second child.
If the deceased worker leaves dependent parents in addition to a spouse or children, the board may provide additional compensation to the dependent parents, considering the pecuniary loss suffered by them due to the worker's death. The amount paid must not exceed $692.12 per month.
If the deceased worker does not leave a dependent spouse or child but has other dependants, the board may provide compensation to those dependants, considering the pecuniary loss suffered by them due to the worker's death. The total amount paid to all dependants must not exceed $692.12 per month.
If a worker's death results in a pecuniary loss for persons other than dependants, such as those who had a reasonable expectation of financial benefit from the worker's continued life, the board may provide compensation to those persons. The total amount paid must not exceed $692.12 per month.
If a deceased worker leaves one or more dependent children and no dependent spouse, but a suitable foster parent takes care of the children and maintains the household, the compensation payable to the foster parent and children will be the same as if there was a dependent spouse and child dependants.
If there is a need to apportion compensation among dependants, the board has the discretion to determine the formula for apportionment. However, there are specific guidelines for apportionment if there is a dependent spouse and child dependant(s) or multiple child dependants.
If a dependent spouse was living apart from the worker at the time of the worker's death, different rules apply depending on the existence of a court order or separation agreement providing periodic payments for support. The board may make monthly payments equal to the periodic payments due under the order or agreement, or determine the amount based on the board's assessment of the pecuniary loss suffered by the dependent spouse.
If a dependent spouse remarries or enters into a common-law relationship, the monthly payment may be terminated, reduced, or continued at the board's discretion.
The board has the authority to review and reassess compensation payments in cases where there are changes in the circumstances of the dependants or in the case of fraud or misrepresentation.
If a dependent child reaches the age of majority or gets married, the monthly payment for that child may be terminated or reduced, as determined by the board.
The board may require proof of dependency and financial loss from the claimants and may request additional documentation or information as necessary.
Mental Disorder
A worker is entitled to compensation for a mental disorder if it meets certain criteria. The mental disorder must be a reaction to one or more traumatic events or predominantly caused by significant work-related stressors, including bullying or harassment.
The diagnosis must be made by a psychiatrist or psychologist according to the Diagnostic and Statistical Manual of Mental Disorders. The mental disorder should not be caused by an employer's decision regarding the worker's employment, such as changes in work, discipline, or termination.
If a worker in an eligible occupation is exposed to traumatic events and develops a mental disorder recognized in the diagnostic manual, it is presumed to be work-related unless proven otherwise.
The Board has the authority to require a review of the diagnosis by an appointed psychiatrist or psychologist to determine entitlement to compensation for a mental disorder.
Pre-existing injury/impairment
If a worker has an existing disability and suffers a new injury or disease, compensation will be provided based on the proportion of the disability that can be reasonably attributed to the new injury or disease.
The extent of the disability caused by the new injury or disease is determined by calculating the difference between the worker's disability before and after the occurrence of the injury or disease, unless there is evidence to show otherwise.
BC Worker’s Compensation Act s. 134, 135, 191-196