A-3 - Workers’ Compensation Act

Section 38 Disposition versions

1998-04-01

38. (1)  Where permanent total disability results from an accident, the worker is entitled, for life, to an amount equal annually to 90% of his weighted net income.

(2)  In the case of permanent partial disability, the worker is entitled, for life, to a payment provided for in subsection 1 according to the degree of his or her disability.

(3)  Where the payment provided for in the preceding subsections does not exceed $60 a month at the commencement of the right to that payment, the Commission must, unless it is not in the worker’s interest to do so, convert the payment into a capital sum that is paid to him at the expiry of the delays provided by section 64 and 65 or when the review office or the Administrative Tribunal of Québec has rendered its decision, as the case may be.

The monthly payment to which the worker is entitled is paid to him until its conversion into a capital sum in accordance with the preceding paragraph.

The conversion of the amount payable to the worker into a capital sum is established in proportion to the worker’s age, on the basis of the values mentioned in Schedule E.

(4)  Where possible, the impairment of earning capacity is estimated from the nature of the injury, having always in view the worker’s fitness to continue the employment in which he was injured or to adapt himself to some other suitable occupation.

(5)  Where the worker dies, the sum which was payable to him under subsection 1 or 2 of this section shall be continued until the first day of the next month.

R. S. 1964, c. 159, s. 37; 1966-67, c. 52, s. 4; 1978, c. 57, s. 1, s. 22; 1997, c. 43, s. 3.

1979-01-01

38. (1)  Where permanent total disability results from an accident, the worker is entitled, for life, to an amount equal annually to 90% of his weighted net income.

(2)  In the case of permanent partial disability, the worker is entitled, for life, to a payment provided for in subsection 1 according to the degree of his or her disability.

(3)  Where the payment provided for in the preceding subsections does not exceed $60 a month at the commencement of the right to that payment, the Commission must, unless it is not in the worker’s interest to do so, convert the payment into a capital sum that is paid to him at the expiry of the delays provided by section 64 and 65 or when the review office or the Commission des affaires sociales has rendered its decision, as the case may be.

The monthly payment to which the worker is entitled is paid to him until its conversion into a capital sum in accordance with the preceding paragraph.

The conversion of the amount payable to the worker into a capital sum is established in proportion to the worker’s age, on the basis of the values mentionned in Schedule E.

(4)  Where possible, the impairment of earning capacity is estimated from the nature of the injury, having always in view the worker’s fitness to continue the employment in which he was injured or to adapt himself to some other suitable occupation.

(5)  Where the worker dies, the sum which was payable to him under subsection 1 or 2 of this section shall be continued until the first day of the next month.

R. S. 1964, c. 159, s. 37; 1966-67, c. 52, s. 4; 1978, c. 57, s. 1, s. 22.

1977-12-31

38. (1)  Where permanent total disability results from the accident, the amount of the compensation shall be a weekly payment, during the life of the workman, equal to seventy-five per centum of his average weekly earnings during the previous twelve months if he has been so long employed, or of his average weekly earnings for any less period during which he has been in the employ of his employer.

(2)  In the case of permanent partial disability, the workman shall be entitled to a weekly payment, during his lifetime, in an amount established according to the degree of his disability and calculated on seventy-five per centum of his average weekly earnings during the twelve months preceding his accident, if his employment has lasted twelve months or more, or of his average weekly earnings for any shorter period during which he has been in the service of his employer.

(3)  Where the impairment of the earning capacity of the workman does not exceed ten per centum of his earning capacity, the Commission shall, unless in the opinion of the Commission it would not be to the advantage of the workman to do so, convert the weekly payment into a capital sum which shall be paid to the workman forthwith.

(4)  Where possible, the impairment of earning capacity is estimated from the nature of the injury, having always in view the workman’s fitness to continue the employment in which he was injured or to adapt himself to some other suitable occupation.

(5)  Where the workman dies, the sum which was payable to him under subsection 1 or 2 of this section shall be continued until the first day of the next month.

R. S. 1964, c. 159, s. 37; 1966-67, c. 52, s. 4.