Bodily Injury & Fatalities

Establishing employment

We determine employment for people who were part-time, temporary or non-earners at the time of the accident and who still can't return to work 180 days after the accident. Determining employment means establishing the type of work you could reasonably have been doing at the time of the accident. This employment then becomes the basis for income replacement and for your job search.

We determine the type of employment you were capable of doing at the time of the accident even if you were actually doing other work. To do this, we look at your:

  • education
  • training
  • work experience
  • physical abilities
  • intellectual abilities

Unless you could only work part-time, we'll determine a full-time job for you 180 days after the accident. Your income replacement may go up or stay the same, depending on the job we determine for you.

After we determine an employment for you, you won't receive less income replacement than you received during the first 180 days after the accident.

Determination of employment is very important for two reasons:

  • it may increase the income replacement you receive
  • it establishes the type of work you're considered qualified to do when your injuries have improved

We usually require a medical specialist to assess your physical abilities after we determine your employment. If this specialist finds that you can successfully do the determined employment, your income replacement stops. If this specialist finds that you can't do the determined employment, you'll receive income replacement based on the salary range for that type of job.

Henry had an office job as a project manager for a mining company. Last summer, he became tired of paperwork, decided he wanted to get out of the office and transferred to a position in the mine. His salary was $100 less a week. On his way back to town one day, his car was side-swiped by a truck. Henry broke his collarbone and had internal injuries. He was classified as a temporary earner and received income replacement based on his salary as a miner.

Henry still couldn't return to work 180 days after the accident. We determined employment for Henry as a project coordinator. The doctor said he couldn't return to this type of work at the time so, 180 days after the accident, Henry's income replacement amount was increased to reflect his employment as a project manager. A few months later, Henry was able to return to the office job (his determined employment) and his income replacement ended.