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Permanent Impairment Threshold

How long can I receive benefits for lost time? Regardless of your date of injury, if your incapacity is total, you may receive benefits for as long as you are unable to work. Total incapacity means that you are unable to work at all because of your injury.
If your incapacity is partial, and you were injured on or after January 1, 2013, you can, with an exception, receive benefits for a maximum of 520 weeks. Partial incapacity benefits are due if you are able to work, but still have some restrictions on what you can do because of your injury. The exception to the 520 week limit on benefits may be available if you have a whole person impairment above 18%, have worked 12 of the last 24 months of the 520 week period and your earnings over the most recent 26 weeks are 65% or less than your pre-injury average weekly wage.

If your incapacity is partial, and you were injured on or between January 1, 1993 and January 1, 2013, you can, with a couple of exceptions, receive benefits for a maximum of 520 weeks. Partial incapacity benefits are due if you are able to work, but still have some restrictions on what you can do because of your injury. There are exceptions to the 520 week limit on benefits. First, if your injury has caused permanent impairment that exceeds the threshold established by the Board, you can receive benefits for as long as your injury lasts. If you were injured on or between January 1, 1993 and January 1, 1998, the permanent impairment threshold is 11.8%.  If you were injured on or between January 1, 2002 and January 1, 2003, the permanent impairment threshold is 13.2%.  If you were injured on or between January 1, 2004 and January 1, 2005, the permanent impairment threshold is 13.4%.  If you were injured on or between January 1, 2006 and January 1, 2013, the permanent impairment threshold is 12%. 

You can also ask the Workers’ Compensation Board to order the employer to continue paying benefits after the 520 week cap has been reached. To do this, you must prove that you will suffer an extreme financial hardship because you cannot return to work.

If you were injured between October 17, 1991 and December 31, 1992, you may receive partial incapacity benefits for a maximum of 520 weeks.

If you were injured between November 20, 1987 and October 16, 1991, you may receive partial incapacity benefits for a maximum of 400 weeks after you have reached maximum medical improvement. (Maximum medical improvement means the date after which further recovery is no longer reasonably anticipated.)

If you were injured prior to November 20, 1987, there is no limit on the amount of partial incapacity benefits you can receive.