Compensation
The Board must pay compensation to workers who suffer personal injury by accident arising out of and in the course of employment.
The compensation covers wage loss benefits, medical aid, and any other necessary treatment.
There are some circumstances, however, in which benefits are not payable, such as in cases of serious and wilful misconduct by the worker.
There are some presumptions for certain types of injuries and disorders, such as trauma- and stressor-related disorders and heart injury to fire inspectors or firefighters.
The Board has the authority to determine the cause of occupational diseases and to charge the portion of the worker's impairment or loss of earning capacity that is due to a cause other than an accident against the employer's rate group.
The worker must provide the Board with any necessary information for carrying out their requirements, and failure to do so may result in withholding compensation payments.
compensation may be payable in the following situations:
Where a worker is employed outside the province by an employer whose place of business or chief place of business is within the province and the worker is injured by an accident happening outside the province in the course of his or her employment.
Where a worker is employed outside the province for six or more months, but the employer's place of business or chief place of business is within the province, and the worker is injured by an accident happening outside the province in the course of his or her employment.
Where the worker's usual place of work is within the province, but the worker is injured by an accident happening outside the province while temporarily outside the province for work purposes.
Where an accident happens outside the province, the employer's place of business or chief place of business is situated outside the province, and the worker is entitled to compensation under the law of the place where the accident happened.
Where an accident happens outside the province in connection with the operation of a steamboat, ship or vessel, or of a railway, or of an aircraft, or of a truck, bus or other vehicle used in the transportation of passengers or of any goods or substance, but the worker's residence is within the province and the work or service performed by him or her is required to be performed both within and outside the province.
Where a worker is employed outside the province and the circumstances are such that if an accident happened while the worker was employed outside the province, he or she would be entitled to compensation as if the accident had happened within the province.
where a worker is required to do work or perform services outside the scope of his or her employment and for the personal benefit of the employer or an officer of the employer, and is injured as a result, the injury shall be deemed to be a personal injury arising out of and in the course of the worker's employment, and compensation may be payable.
Agreements between the Board and employers who employ workers outside the province may provide the relief of assessment of the earnings of workers who are employed outside the province for certain periods of time.
Wage loss benefits
If an injury results in a loss of earning capacity, the Board must pay the worker wage loss benefits equal to 90% of their loss of earning capacity, up to a maximum amount.
The maximum amount is not to exceed 90% of the worker's net maximum annual earnings.
Wage loss benefits are payable until the Board determines that the loss of earning capacity has ended or until the worker reaches 65 years of age. If a worker is 63 years of age or older when their loss of earning capacity begins, the Board may pay wage loss benefits for a maximum of 24 months following the accident.
The payment of wage loss benefits will be made periodically, and the Board may recalculate the loss of earning capacity to ensure that the benefits do not exceed the maximum amount payable under regulations.
The loss of earning capacity is calculated as the difference between the worker's net average earnings before the accident and the net average amount the Board determines the worker is capable of earning after the accident. The worker's net average earnings and maximum annual earnings are as of the date of the accident.
PEI Worker’s Compensation Act s. 6-11, 40-42(2)