A non-economic loss benefit is paid when a worker is assessed to have a permanent impairment due to a work-related injury or illness and to recognise the impact of that on the worker. These benefits are provided under Section 46 of the Workplace Safety and Insurance Act (WSIA), and they are separate from any wage replacement or loss of earnings benefits. The non-economic loss benefit focuses on the impairment itself, such as physical, functional, or psychological changes resulting from your injury, and not your ability to work or any earnings loss.
The benefit is awarded once your condition has reached maximum medical recovery (MMR)—meaning your injury or illness has stabilized, and it’s unlikely to improve further. The WSIB determines if your condition qualifies as a permanent impairment, which can include a physical abnormality (like the loss of a limb), a functional abnormality (such as reduced mobility or strength), a disfigurement (like scarring), or psychological damage (such as depression, anxiety, or PTSD related to the injury).
How is the benefit calculated?
The amount of your non-economic loss benefit is based on the degree of your permanent impairment, which is evaluated using medical guidelines, including the American Medical Association Guides to the Evaluation of Permanent Impairment. This assessment looks at how much of your body is impacted by the impairment, which is then converted into a whole person impairment percentage.
For example, if you lost your little finger, this would represent a 10% impairment to your hand, which then translates to a 9% impairment of the arm, and ultimately converts to a 5% impairment of the entire body. The whole person impairment percentage is then used to calculate the benefit amount.
The benefit is calculated by multiplying the whole person impairment percentage by a base amount. The base amount is set by the WSIA and changes each year based on when you reach maximum medical recovery. This base amount is adjusted for your age at the time of injury:
- If you were under 45, an additional amount is added to the base amount.
- If you were over 45, an amount is subtracted from the base amount.
For example, for a person injured in 2017, the base amount was $59,095.26. If you were 52 at the time of the injury (7 years over 45), the base amount would be reduced by the age adjustment. If you were 40 (5 years under 45), the base amount would be increased.