Aidy is a 33-year-old cook working in a resort community. The local hotel where she has worked for most of the last decade is busy all season long but slows in the off season. Demand for her skills is variable in the off season and dependent on corporate conferences the hotel can attract. Her employment provides 42 weeks of work most years. There are not a lot of other job opportunities in the area. Tourists come to enjoy the relative isolation—just thirty miles off the interstate. Like a lot of workers in the tourism sector, she relies on unemployment insurance when there is no work. Aidy is married with three kids, two in elementary school and one preschooler. Her husband, Raj, worked in the resource sector until the jobs dried up. He is now the primary care-giver. The family is dependent on Aidy’s income. Aidy and Raj live in a rental property with a large lot that allows them to augment their food budget with some home-grown produce. Aidy’s usual weekly earnings average $600 when she is working or about $483.31 per week if averaged over the whole year (600*42/52.14). In December 2018, a kitchen helper accidently dropped a heavy pot from an upper shelf on to the cutting surface, flipping a deboning knife off the counter and into Aidy’s right foot. The knife skewered her foot, severing a tendon. Aidy’s surgeon has conducted two surgeries and is hopeful Aidy will be on her feet able to work in about six to nine months. Aidy’s claim for temporary total disability was accepted by the workers’ compensation insurer.
Time-loss benefits are also based on your marital and dependent status. You will receive 60% of your gross wages if you are single with no dependents. If you are married, an additional 5% will be paid. 2% more is added for each dependent child up to five children, not to exceed the maximum time-loss rate.
Earnings between $21,200 - $26,700Where a worker’s gross annual earnings are above statutory minimum, but 90% of the average net earnings falls below the statutory minimum of $21,163.65 (or $405.88 weekly), the worker will receive the statutory minimum.Earnings below minimumWhere the rounded gross annualized earnings is below the minimum of $21,163.65 (or $405.88 weekly), the worker receives 100% gross average earnings. For example, if the worker’s gross average earnings is $280 per week (equating to $14,600 annually), she/he will receive from us $280 for each week of wage loss.
Section 33(3.2) of the [Workers Compensation] Act recognizes that for certain industries and occupations, EI is considered to be a regular supplement to the worker’s earnings and therefore should be included in the worker’s average earnings. Generally, industries or occupations with recurring seasonal or temporary interruptions will be identifiable by the fact that they result in reduced opportunities of employment at similar times in successive years (e.g. operations cease on an annual basis during the winter months, resulting in a general layoff). The reduction in employment opportunities will be due to inherent operational factors such as weather conditions or the cyclical nature of the business (e.g. teachers and fishers)… Where it is determined that EI benefits are to be included in the calculation of a worker’s average earnings, the payments received within the 12 months preceding the date of injury are added to the gross average earnings, subject to the statutory maximum.
In the three years leading up to the injury, on her days off from the resort, Aidy regularly accepted relief shifts as a cashier at a local truck stop just across the state line near the interstate exit. The work coincided with the tourist season and increased her weekly income by about $100 per week for 40 weeks a year— income Aidy needs to support her family.
- 38% of responding jurisdictions would include earnings from all employment in a qualifying time frame up to the maximum
- 14% would base compensation solely on the earnings from the accident employer
- 43% would possibly include earnings loss from second or subsequent jobs under certain conditions.
- Concurrent earnings being reported to taxation authority
- Accident Employer aware of the concurrent employment
- Concurrent employment is “similar” to the accident employment
- Concurrent employment is workers’ compensation insured (and in the same jurisdiction)