| Chapter: | Benefits |
| Subject: | Establishing Net Earnings |
| Authorization: | Board of Directors resolution 2003/10/39 |
| Date: | December 9, 2003 |
| Reference: | Workers'
Compensation Act, RSA 2000, Sections 1(1)(s), 15(1),
17(3), 56, 59, 62, 67, 68, and 153(1)(j), (2) General Regulations, Sections 1, 5, 6, and 7 |
When a compensable disability results in earnings loss, the WCB will compensate the worker for the earnings loss, based on confirmed earnings for a period or periods of time that fairly represents the worker's wage loss or impairment of earning capacity.
This policy is effective January 1, 2004, unless noted otherwise in a specific policy section.
Compensation for earnings loss is based on 90% of the worker's net earnings, calculated in accordance with the Act and General Regulations.
If the worker is totally disabled (either temporarily or permanently), the WCB pays compensation at 90% of net earnings, subject to the maximum insurable earnings on the date of accident. If the disability is only partial, the WCB pays the worker a proportionate amount of 90% of net earnings, based on the degree of disability and the WCB's estimate of the worker's loss of earning capacity.
The WCB will continue to pay compensation for earnings loss for as long as the disability lasts.
The WCB is required to estimate loss of earnings by considering the worker's earnings for a period or periods of time prior to the accident. The actual period(s) of time considered may vary, as the WCB must determine the period(s) which most fairly and justly represents the worker's earnings at the time of the accident.
To ensure compensation is correct, the WCB requires confirmation of reported earnings. The normal confirmation source is the employer.
Please see Part II for additional information on the following subjects: