A-3.001 - Act respecting industrial accidents and occupational diseases

Section 80 Disposition versions

2024-09-27

80. The income replacement indemnity of a student contemplated in section 10, of a child contemplated in paragraph 3 of section 11 or of a worker who is a full-time student is

(1)  computed, per week, by multiplying by 17 the general rate of the minimum wage prescribed in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) until 18 years of age;

(2)  from 18 years of age, computed on the basis of the gross annual income determined on the basis of the minimum wage then in force; and

(3)  from 21 years of age, revised upwards if he proves to the Commission that he could probably have earned a higher gross employment income at the end of the studies being pursued had he not suffered an employment injury.

Notwithstanding subparagraphs 1 and 2 of the first paragraph, the student or child may prove to the Commission that he has earned, during the 12 months preceding the date he became disabled, a gross employment income entailing a higher indemnity or that he would have earned a higher gross annual employment income considering his contract of employment entered into before his employment injury, and in those cases section 65 does not apply in respect of the minimum employment income.

The review made under subparagraph 3 of the first paragraph replaces any review under section 76.

1985, c. 6, s. 80; 2024, c. 4, s. 8.

1985-08-19

80. The income replacement indemnity of a student contemplated in section 10, of a child contemplated in paragraph 3 of section 11 or of a worker who is a full-time student is

(1)  $50 per week until 18 years of age;

(2)  from 18 years of age, computed on the basis of the gross annual income determined on the basis of the minimum wage then in force; and

(3)  from 21 years of age, revised upwards if he proves to the Commission that he could probably have earned a higher gross employment income at the end of the studies being pursued had he not suffered an employment injury.

Notwithstanding subparagraphs 1 and 2 of the first paragraph, the student or child may prove to the Commission that he has earned, during the 12 months preceding the date he became disabled, a gross employment income entailing a higher indemnity and in this case section 65 does not apply in respect of the minimum employment income.

The review made under subparagraph 3 of the first paragraph replaces any review under section 76.

1985, c. 6, s. 80.