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To establish or adjust a rate of compensation for time loss claims that fairly represents a worker’s net earnings at the time of their accident or illness.
Description
When a worker is unable to return to work following a work-related injury, they may be eligible to receive wage replacement or wage top up benefits.
The decision maker communicates with both the employer and the worker to gather a worker’s employment and earnings information and then calculates the worker’s compensation rate.
Obtaining and validating the correct earnings information is vital to setting a rate accurately. It ensures the worker receives the appropriate compensation they are entitled to while they are away from work.
In some instances WCB-Alberta’s internal Payment Unit assists in rate calculations and other compensation payment related tasks.
Key information
Compensation rates are based on what a worker was earning at the time of their workplace injury or illness. The compensation rate is based on 90% of a worker’s net earnings, as per Section 56 of the Workers’ Compensation Act. This rate is also referred to as the Section 56 rate.
Net earningsSection 1 (2) of the General Regulations of the Workers’ Compensation Act. means the worker's annual gross earnings[PDF, 0.19MB] to the nearest $100 less the total of:
Employment Insurance contributions for those earnings,
Canada Pension Plan contributions for those earnings, and
Probable amount of income tax deducted or withheld for those earnings based on the yearly Canada Revenue Agency tax tables.
These deductions are applied regardless of the worker’s actual tax status.
A worker’s net earnings are calculated based on tables produced by the Government of Canada for the prior calendar year.
For accidents or recurrences that occurred prior to September 1, 2018 or that occur on or after January 1, 2021, there is a maximum compensable earnings amount which is set each year by order of the WCB Board of Directors. For accidents or recurrences that occurred on or after September 1, 2018 up to and including December 31, 2020, there was no maximum.
Before a Section 56 rate can be calculated the decision maker must determine the worker's employment status:
Permanent - A worker who is employed for 12 months per year (not including their allotted vacation time) and whose position is not subject to seasonal layoffs.
Non-permanent (also called seasonal or temporary) - A worker who is employed less than 12 months per year and whose position is subject to layoffs, lack of work or shut downs. Contract or temporary workers whose period of employment is less than 12 months are also considered non-permanent workers.
Personal coverage - A worker who has purchased optional WCB coverage. Personal coverage, subject to approval, is available for individuals who employ workers or who are:
proprietors,
partners in a partnership,
directors of a corporation or a society, or
members of an association, board, authority, commission or foundation.
Owner-operator - A worker who owns and operates mobile industrial equipment such as a tractor/trailer unit, bobcat, delivery truck, or truck-mounted mobile welding unit. If the owner-operator has purchased personal coverage, the personal coverage process is used to set the rate.
Subcontractor - A worker who is contracted to do work for another employer and incurs business expenses to perform that work. If the subcontractor has purchased personal coverage, the personal coverage process is used to set the rate.
Determine the worker’s employment status and set the Section 56 rate
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Permanent
The following information is needed to set the compensation rate:
Gross earningsThe worker’s earnings before any deductions are taken. for one year prior to the accident or other ratesi.e. hourly, monthly or bi-weekly. of pay.
If the worker was not employed for one year, their gross earnings are calculated from the date of hire to the date of their accident.
If the worker had a change in pay, work schedule or position within the year prior, their gross earnings are calculated from that date to the date of their accident.
Hours of work.Regular and overtime hours.
Unpaid days.Unpaid days include time missed from work without pay due to loss of income situations outside of the worker’s control (e.g., sickness including leave for family illness, injury, WCB injury, maternity leave, strike, lockout). These situations do not include predetermined conditions of employment such as vacation or work shutdowns).
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
If the information required to set the rate was submitted through WCB's online injury reporting the Section 56 rate may be set automatically. Once set, review the rate to confirm it is accurate.
If any details are missing, the rate must be set manually. Contact the employer to clarify or obtain the missing details. If appropriate, refer to or send the employer a copy of the employer report of injury information package[PDF, 0.32MB] and the reporting compensable earnings employer fact sheet[PDF, 0.03MB]. Enter the worker’s employment and earnings information into eCO to manually set the rate.
If applicable, enter the number of unpaid days in the "number of days excluded" field in eCO to pro-rate the earnings according to the number of days worked.
Add the rate information to the worker's Initial Entitlement Decision (IED) letter or send the appropriate rate-setting letter from the CL052 series.
Non-permanent
The Section 56 rate set for non-permanent workers is comprised of two separate rates:
The temporary rate is set first and is effective up to the last expected day of employment had the injury not occurred. The temporary rate represents what the worker would have earned if they had worked in their date of accident job for 12 months.
The base rate begins the day the worker’s job was expected to end had the injury not occurred. It is calculated by taking what the worker would have earned during the season and averaging it over 12 months. Once the base rate is in effect it does not revert back to the temporary rate.
The following information is needed to set the compensation rate:
Gross earningsThe worker’s earnings before any deductions are taken. for one year prior to the accident or other ratesi.e. hourly, monthly or bi-weekly. of pay.
If the worker was not employed for one year, their gross earnings are calculated from the date of hire to the date of their accident.
If the worker had a change in pay, work schedule or position within the year prior, their gross earnings are calculated from that date to the date of their accident.
Hours of work.Regular and overtime hours.
Unpaid days.Unpaid days include time missed from work without pay due to loss of income situations outside of the worker’s control (e.g., sickness including leave for family illness, injury, WCB injury, maternity leave, strike, lockout). These situations do not include predetermined conditions of employment such as vacation or work shutdowns).
Position start date.The first day the employer hired the employees into the same position as the worker to complete a specific work project or shutdown.
Position end date.The expected last day of employment for employees hired into the same position as the worker.
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
When a worker is classified as non-permanent, their earnings from other sources of employment outside of their date-of-accident position can be added to their base rate if the earnings occurred within the eligible period.
The eligible ‘other earnings’ period is defined by using the following formula:
Start with the position end date.
Go back to the same date of the previous year.
Add one day to get exactly one year.
Then go up to the day before the position start date.
Example:
The Section 56 season is January 1, 2019 to May 31, 2019.
Therefore, the eligible ‘other earnings’ period is June 1, 2018 to December 31, 2018.
The same earnings information as listed in the above sections is used to calculate the worker's other earnings.
Administrative tasks
If the information required to set the rate was submitted through WCB's online injury reporting the Section 56 rate may be set automatically. Once set, review the rate to confirm it is accurate.
If any details are missing, the rate must be set manually. Contact the employer to clarify or obtain the missing details. If appropriate, refer to or send the employer a copy of the employer report of injury information package[PDF, 0.32MB] and the reporting compensable earnings employer fact sheet[PDF, 0.03MB]. Enter the worker’s employment and earnings information into eCO to manually set the rate.
If applicable, enter the number of unpaid days in the "number of days excluded" field in eCO to pro-rate the earnings according to the number of days worked.
Ask the worker if they worked during the other earnings period.
Other earnings
Review the worker’s position start date and end date on file to determine the worker’s eligible other earnings period.
Contact the worker and ask them to provide proof of their earnings within the eligible other earnings period. This can include:
Paystubs
Records of Employment (ROE)
Letter(s) from previous employers confirming gross taxable employment income
If assistance is required send a task to the payment rate setting team desk asking them to add other earnings into the base rate.
Add rate information to the IED entitlement letter or send the appropriate rate-setting letter from the CL052 series. Include the amount of the other earnings. To protect the worker’s privacy, do not include any additional details about the source of the other earnings such as the name of the employer, dates of employment, etc.
Personal coverage
Personal coverage can be purchased in any amount between a set minimum and maximum. The minimum and maximum amounts are found in Appendix F[PDF, 0.17MB] in the Alberta WCB Policies & Information Manual[PDF, 19.15MB].
There is also a guaranteed coverage amountThe amount of insurance proprietors, partners and corporate directors can purchase without having to substantiate earnings prior to benefits being paid. for some industries[PDF, 0.09MB].
The rate is set using the options below dependent upon the situation:
If the worker purchased minimum personal coverage: The rate is set based on the minimum personal coverage amount.
If the worker purchased personal coverage up to or equal to the guaranteed coverage amount: The rate is set based on the actual personal coverage amount purchased.
If the worker purchased personal coverage over the minimum and there is no guaranteed coverage amount: A provisional rateThe provisional rate is a temporary rate that is set to ensure benefits are paid in a timely manner. Once the worker’s earnings are verified using their T1 tax return, the rate is adjusted if necessary. is set based on the minimum personal coverage amount until the worker’s earnings and business expenses are confirmed. The rate is then adjusted based on the worker’s actual earnings or the purchased personal coverage amount, whichever is lower.
If the worker purchased personal coverage over the guaranteed coverage amount: A provisional rateThe provisional rate is a temporary rate that is set to ensure benefits are paid in a timely manner. Once the worker’s earnings are verified using their T1 tax return, the rate is adjusted if necessary. is set based on the guaranteed coverage amount for the industry in which the worker was injured until the worker’s earnings and business expenses are confirmed. If this demonstrates the worker’s earnings are greater than the guaranteed coverage amount, the rate is adjusted based on the worker’s actual earnings or the purchased personal coverage amount, whichever is less. If this demonstrates the worker’s earnings are less than the guaranteed coverage amount, the rate will continue to be based on the guaranteed coverage amount.
The following information is needed to set the compensation rate:
Hours of work.Regular and overtime hours.
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
Confirm the worker’s personal coverage and guaranteed coverage amounts.
If the worker requires further information about their personal coverage or guaranteed coverage amount, reference the appropriate fact sheet or offer to provide them with an online link or copy:
Set the rateWhen setting the rate for personal coverage holders, enter a typical work schedule of 40 hours per week and a “7 on 0 off” work cycle. using the worker’s hours and coverage amount.
If a provisional rate was set, send a task to the payment rate setting team desk to confirm the worker’s earnings.
Payment Unit: Send the worker a Req Self Emp Earn - w Tax Info letter (CL037F) to confirm earnings information and to communicate the temporary provisional rate.
Once the earnings information is received, review the information and adjust the rate if necessary. Send the appropriate rate-setting letter from the CL052 series to the worker explaining how the rate was set.
Owner-operator
The compensation rate for an owner-operator without personal coverage is set based on the greater of:
The worker’s gross income, less their business expenses. Or
50% of gross income for welders who own and operate a welding unit.
25% of gross income for all other owner-operators.
Until actual earnings and expenses are confirmed, the rate is set based on a provisional rateThe provisional rate is a temporary rate that is set to ensure benefits are paid in a timely manner. Once the worker’s earnings are verified using their T1 tax return, the rate is adjusted if necessary. normally equivalent to minimum wage and the worker’s average hours of work.
The following information is needed to set the compensation rate:
Hours of work.Regular and overtime hours.
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
Set the provisional rate and send a task to the payment rate setting team desk to confirm the worker’s earnings.
Payment Unit: Send the Req Self Emp Earn - w Tax Info letter (CL037F) to the worker to request their T1 income tax return, including their statement of business expenses and to communicate the temporary provisional rate.
Once the earnings information is received, review the information and adjust the rate if necessary. Send the appropriate rate-setting letter from the CL052 series to the worker explaining how the rate was set.
Subcontractor
A subcontractor's compensation rateIf the subcontractor has personal coverage, follow the “personal coverage” steps of the procedure. is calculated based on their net employment income, less business expenses.
Until actual earnings and expenses are confirmed, a provisional rateThe provisional rate is a temporary rate that is set to ensure benefits are paid in a timely manner. Once the worker’s earnings are verified using their T1 tax return, the rate is adjusted if necessary. is set using Alberta’s minimum wage rate and the workers average hours of work per week.
The following information is needed to set the compensation rate:
Hours of work.Regular and overtime hours.
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
Set the provisional rate and send a task to the payment rate setting team desk to confirm the worker’s earnings.
Payment Unit: Send the Req Self Emp Earn - No Tax Info letter (CL037C) to the worker to request their T1 income tax return, including their statement of business expenses and to communicate the temporary provisional rate.
Once the earnings information is received, review the information and adjust the rate if necessary. Send the appropriate rate-setting letter from the CL052 series to the worker explaining how the rate was set.
Set the concurrent rate
Concurrent rate
If the worker has another job on the date of their accident, this is called concurrent employment. Their earnings from that job can be added as a concurrent rate. If the worker is able to work in their date of accident job but is unable to work in their concurrent job, their benefits will be based on their concurrent rate only.
A concurrent rate is set using the same information as a Section 56 rate, so the same information is required for the additional job(s):
Gross earningsThe worker’s earnings before any deductions are taken. for one year prior to the accident or other ratesi.e. hourly, monthly or bi-weekly. of pay.
If the worker was not employed for one year, their gross earnings are calculated from the date of hire to the date of their accident.
If the worker had a change in pay, work schedule or position within the year prior, their gross earnings are calculated from that date to the date of their accident.
Hours of work.Regular and overtime hours.
Unpaid days.Unpaid days include time missed from work without pay due to loss of income situations outside of the worker’s control (e.g., sickness including leave for family illness, injury, WCB injury, maternity leave, strike, lockout). These situations do not include predetermined conditions of employment such as vacation or work shutdowns).
Position start date.The first day the employer hired the employees into the same position as the worker to complete a specific work project or shutdown. (non-permanent worker)
Position end date.The expected last day of employment for employees hired into the same position as the worker. (non-permanent worker)
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
Administrative tasks
Contact the worker and request their proof of earnings information (paystub) or ask for their consent to contact their concurrent employer to obtain the required information.
Enter the worker's concurrent employment and earnings information into eCO and set the concurrent rate.
If applicable, enter the number of unpaid days in the "number of days excluded" field in eCO to pro-rate the earnings according to the number of days worked.
If the worker is an owner-operator or subcontractor, follow the processes above to obtain the worker's information.
Add the rate information to the worker’s IED letter or send the appropriate rate-setting letter from the CL052 series explaining how the concurrent rate was set and how it adds to the Section 56 rate. To protect the worker’s privacy, do not include information about the concurrent earnings in these letters.
Send the Concurrent earnings rate letter to the worker only explaining how the concurrent rate was set.
After the Section 56 rate is set, additional rates or adjustments may be calculated
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Recurrence (Section 61) rate
When a worker experiences a recurrence of the same disability more than 12 months after their date of accident, a new compensation rate may be set, effective the date of the recurrence. The Section 61 rate is based on a worker’s earnings at the time of their recurrence.
In order for a worker to be eligible for a Section 61 rate adjustment, they must meet the following criteria as per Section 61 of the Workers’ Compensation Act:
a worker who was awarded compensation in respect of an accident ceases to receive that compensation by reason of recovery from the disability,
there is a recurrence of disability in the form of temporary disability and that disability is due to the same accident,
the worker has, at the time of recurrence of the disability, earnings in an amount that is greater than the amount of the worker’s net earnings at the time of the accident, and
more than 12 months have elapsed since the date of the accident.
If the worker's original Section 56 rate plus applicable cost of living allowances (COLA) is higher than their calculated Section 61 rate, that original Section 56 rate will continue to be used.
As noted in the key information section above, when a worker’s date of accident was on or after September 1, 2018 up to and including December 31, 2020, their original (Section 56) rate was set on 90% of their actual net earnings. However, effective January 1, 2021, rates are set based on 90% of net earnings up to a yearly maximum.
This means if a worker who had their accident during this period experiences a recurrence on or after January 1, 2021, the earnings used to set the Section 61 rate will be subject to a maximum compensable earnings amount even though their original rate was not.
For example, a worker who was injured on November 1, 2019 had a Section 56 rate based on earnings of $150,000 per year.
They experienced a recurrence on January 5, 2021 at which time they were earning $175,000 per year.
The maximum compensable earnings amount for 2021 is $98,700 so the Section 61 rate would be based on earnings of $98,700 per year.
This means the worker’s rate for the recurrence will continue to be based on the higher Section 56 rate.
A recurrence (Section 61) rate is set using the same informationSimilar to the Section 56 rate, if the recurrence happened on or after September 1, 2018, there is no maximum compensation amount for the Section 61 rate, even when the date of accident was prior to September 2018. as a Section 56 rate:
Gross earningsThe worker’s earnings before any deductions are taken. for one year prior to the recurrence or other ratesi.e. hourly, monthly or bi-weekly. of pay.
If the worker was not employed for one year, their gross earnings are calculated from the date of hire to the date of their recurrence.
If the worker had a change in pay, work schedule or position within the year prior, their gross earnings are calculated from that date to the date of their recurrence.
Hours of work.Regular and overtime hours.
Unpaid days.Unpaid days include time missed from work without pay due to loss of income situations outside of the worker’s control (e.g., sickness including leave for family illness, injury, WCB injury, maternity leave, strike, lockout). These situations do not include predetermined conditions of employment such as vacation or work shutdowns).
Position start date.The first day the employer hired the employees into the same position as the worker to complete a specific work project or shutdown. (non-permanent worker)
Position end date.The expected last day of employment for employees hired into the same position as the worker. (non-permanent worker)
Shift cycle start date.The first day “on” of the shift cycle rotation prior to the date of accident.
Shift cycle rotation.If the worker’s shift cycle repeats, obtain the shift cycle details (regular days on and regular days off).
If the worker’s shift cycle does not repeat, set the shift cycle as “7 on 0 off” and average the regular number of hours per week.
Administrative tasks
Contact the worker and request proof their earnings information (paystub) at the time of their recurrence. If they were working for the date-of-accident employer at the time of the recurrence, the date-of-accident employer may also be contacted.
Enter the Section 61 layoff date.
Enter the worker's Section 61 employment and earnings information into eCO and set the Section 61 rate.
If applicable, enter the number of unpaid days in the "number of days excluded" field in eCO to pro-rate the earnings according to the number of days worked.
If at the time of the recurrence, the worker has personal coverage or is an owner-operator or subcontractor, follow the processes above to obtain the worker's information.
Add the rate information to the worker's Reopen/Recurrence of Disability- Accepted letter (CL016G) or send the appropriate rate-setting letter from the CL052 series explaining how the rate was set.
Apprentice (Section 67) rate
A worker who is injured while training as an apprentice may be eligible for an adjusted compensation rate based on the average earnings of a fully qualified worker in the same trade.
For apprentice (Section 67) rates, the worker’s employment status, shift cycle, hours of work and shift cycle start date remain the same as the Section 56 rate.
The Section 67 rate is set based on the average journeyman wage from the date of the accident or, if the worker was a union member, the earnings based on the collective agreement in effect at the time of the accident. This adjustment begins in the month the worker would have become a journeyman if the injury had not occurred.
For workers who are entitled to a Section 67 rate and:
Were injured on or after September 1, 2018 up to and including December 31, 2020, their Section 67 rate is not subject to a yearly maximum compensable earnings amount.
Were injured prior to September 1, 2018 or on or after January 1, 2021, their Section 67 rate is subject to a yearly maximum compensable earnings amount.
This adjustment begins in the month the worker would have become a journeyman if the injury had not occurred.
Administrative tasks
Contact the worker and/or employer and request:
A signed apprenticeship contract OR agreement with the employer, and
A copy of their Apprentice Identification Card and documentation of the hours logged for the Apprenticeship Board.
Confirm what date the worker would have reached journeyman status, had they not been injured.
Determine journeyman earnings for the Section 67 rate by searching the Labour Market Tools website by trade closest to the year of the date of accident.
SelectIf rate information is not available from any of the public sources, WCB will contact several employers within the worker’s locale and a specific industry (e.g., construction, etc.) to obtain the information. the average starting wages.
If the worker was a union member, review their collective agreement to determine potential earnings.
Set the Section 67 rate in eCO.
Send the appropriate rate-setting letter from the CL052 series to the worker explaining how the rate was set.
Young worker (Section 68) rate
When a young worker or student experiences a significant loss of function, their compensation rate may be adjusted to the Alberta average weekly earnings to more accurately represent their future earning potential. This applies to claims with a date of accident on or after September 1, 2018.
For Section 68 rates, the worker’s employment status, shift cycle, hours of work and shift cycle start date remain the same as the Section 56 rate.
Review the file to ensure the Section 68 criteria has been met:
The worker was under the age of 25 on their date of accident, or The worker was a student who was 25 years or older on their date of accident and enrolled in a vocational program.
The worker has a permanent clinical impairment[PDF, 0.06MB] of 50% or more on their current and previous claims combined.
The date of accident is on or after September 1, 2018.
If it is determined that a Section 68 rate should be applied, the new rate takes effect on the date that the permanent clinical impairment is assessed or two years after the date of accident, whichever is first.
The severity of the worker’s injury is assessed through a permanent clinical impairment exam by a physician once the point of maximum recovery is reached - typically two years after the injury.If permanent clinical impairment cannot be assessed by two years after the date of accident, WCB will seek out a medical opinion as to whether the permanent clinical impairment is likely to be greater than 50%. If so, the Section 68 rate will be applied
Administrative tasks
If the worker is a student, request confirmation of enrollment in an academic or vocational program on their date of accident.
Confirm the Alberta average weekly earnings for the year prior to the accident as per the Statistics Canada website.
Send a note to the payment rate setting team desk confirming the Alberta average weekly earnings for the year prior to the DOA and request they add the Section 68 rate.
Payment Unit: Add the Section 68 rate in eCO.
Send the appropriate rate-setting letter from the CL052 series to the worker explaining how the rate was set.
Cost of living adjustment (COLA)
WCB applies a COLA to compensation benefits to prevent a decrease in benefits due to inflation. COLA restates the date of accident earnings in current dollars, so the wage loss benefits of today reflect the real wage loss. The amount of the COLA[PDF, 0.15MB] is set yearly.
When a worker is receiving benefits two years or more after their accident, they may be entitled to have a COLA applied yearly to their compensation benefit.
A COLA is applied when the worker’s rate is based on earnings equal to or less than the maximum compensable earnings amount for the year. For example, the maximum compensable earnings amount for 2021 is $98,700. To receive a COLA in 2021, the worker’s rate must be based on earnings equal to or less than $98,700.
Administrative tasks
COLAs are applied on eligible benefits and a letter is sent to the worker; both are done automatically.
Communicate with the worker and employer each time a rate is adjusted
Whenever a rate is set or adjusted, the decision maker is responsible for calling the worker to communicate the decision and sending a letter to the worker with a copy to the employer (if appropriate). Explain what information was used to calculate their rate and how it was calculated.
End every letter with the decision maker’s name and direct contact number. Also provide the options to contact a supervisor or request a formal decision review within 12 months.
Confirm the worker’s preference for frequency and method (cheque or direct deposit[PDF, 0.19MB]) to receive their wage replacement benefits.
*In some cases where the Payment Unit adjusts rates, they will send the letter.
