Compensation for personal injury or disease

Workers are entitled to compensation if they suffer a personal injury or disease during their employment.

Compensation for the death of a worker

If a worker dies due to their employment, the following individuals are entitled to compensation:

• Surviving dependent spouse

• Person assuming responsibility for the worker's child

• Child of the worker who is under 19 years old

• Dependent child of the worker who is 19 years or older and attending school

• Dependent child of any age who is physically, functionally, mentally, or psychologically incapable of earning a living.

Compensation to other dependent family members

If there is no surviving spouse or child entitled to compensation, other dependant family members of the worker can receive compensation.

Exceptions to compensation

There are certain situations where compensation is not provided, including:

• Personal injury, disease, or death not arising out of and during the course of employment.

• Mental stress caused by labor relations, unless it was intentional to harm the worker.

• Personal injury or disease caused solely by the serious and willful misconduct of the worker, if it does not result in serious disability, impairment, or death.

• Personal injury or disease caused solely by combat with an enemy force.

Causation

A personal injury, disease, or death is compensable regardless of the cause, whether it was natural, physical, human, foreseeable, preventable, or caused by a single event or cumulative events related to the worker's employment.

Multiple causes

If an injury, disease, or death appears to have multiple causes, it is compensable if one of the causes contributed materially and arose out of the employment.

Day disease occurred

In the case of a worker disabled or impaired by a disease, the most beneficial day for the worker is considered as either the day of disability or impairment or the day of disease diagnosis.

Presumptions

There are presumptions that apply to entitlement to compensation unless proven otherwise:

• Personal injury, disease, or death arising out of employment is presumed to have occurred during the course of employment.

• Personal injury, disease, or death occurring during employment is presumed to arise out of employment.

• The death of a worker is presumed to have arisen out of employment if the worker is found dead at the place they would be during their employment.

Single day disability

If a worker is injured and disabled for only one day, they are not entitled to any compensation except for medical aid.

Compensation for total disability

If a worker is completely disabled, they receive a monthly payment equal to 90% of their net monthly remuneration for the duration of their total disability.

Compensation for partial disability

If a worker is partially disabled, they receive a monthly payment equal to the amount payable for a total disability multiplied by the percentage loss of their earning capacity, as estimated by the Commission. This payment is made for the duration of the disability.

Compensation adjustment If the monthly payment for total disability or partial disability is less than 2.75% of the Year's Maximum Insurable Remuneration, it must be increased. The increased amount is either 100% of the worker's net monthly remuneration or 2.75% of the Year's Maximum Insurable Remuneration, whichever is lesser.

Compensation for impairment

If a worker is totally impaired, they receive a monthly pension equal to 90% of their net monthly remuneration for life.

Compensation for partial impairment

If a worker is partially impaired, they receive a monthly pension for life, calculated as 90% of their net monthly remuneration multiplied by the percentage of their impairment.

Additional compensation

The Commission may increase the pension amount if it is significantly inadequate, either due to continued loss of earning capacity or if the worker's pre-injury earnings did not reflect their probable earning capacity.

Recurrence of disability

If a worker with a partial impairment suffers a recurrence of the same disability, they are entitled to additional compensation. If a worker appears to recover but later experiences a recurrence, they are entitled to compensation for the recurrence.

Multiple injuries or diseases

If a worker with a pension for a partial impairment later becomes eligible for compensation for a subsequent disability or impairment caused by a different injury or disease, they are entitled to receive compensation for both disabilities.

NWT Worker’s Compensation Act s. 10-14, 37-47