Document name

Calculation of Probable Compensation

Document number

POL 03/2007

1. Section 2(1)(k)(ii) of The Workers’ Compensation Act, 2013 (the “Act”) states that net compensation shall be the worker’s “gross earnings from employment less the probable deductions for:

(A) the probable income tax payable by the worker calculated by using only the worker’s earnings from employment as their income, and using only the worker’s basic personal exemption, exemption for dependants and employment-related tax credits, as at the date of the worker’s injury and each anniversary date, as the worker’s deductions;

(B) the probable Canada Pension Plan premiums payable by the worker; and

(C) the probable employment insurance premiums payable by the worker.”

1. Section 68(1)(b) of the Act states that a worker who sustains an injury on or after this clause comes into force shall be compensated for their earnings loss "in an amount equal to 90% of that loss of earnings."
2. Section 2(3) of the Act states the Workers’ Compensation Board (WCB) must annually establish a schedule setting out a table of earnings and probable compensation from employment for the purposes of Section 2(1)(k).
3. New tables must be calculated and published on each occasion where there is a legislated change to income tax deductions either federally or provincially.

1. For all legislated changes to the base calculations, WCB will publish revised tables of earnings and incorporate them into the calculation of "net earnings loss" when income tax changes become available.
2. As per Sections 2(1)(k) and 68 of the Act, a worker’s net earnings will be calculated based on gross earnings from employment, less the probable deductions for tax credits and/or tax exemptions. Probable deductions will be based upon the information that the worker has authorized the employer to deduct from their employment earnings for income tax purposes and which is available as of the commencement of the loss of earnings.
3. Where, after the initial commencement of loss of earnings, a change occurs to the following:
   1. Dependent status (e.g., through birth or death), or
   2. WCB tax tables (due to federal and/or provincial government announcements regarding retroactive income tax changes)

the wage base will be adjusted, prospectively, on the anniversary of the claim. A worker’s original wage base will not be adjusted retroactively.