| Issue | Workers' Comp | Human Rights |
|---|---|---|
| Income Loss | % of net income which varies by jurisdication | 100% possible claim to the date of the hearing |
| non-taxable | past income taxable Future lost income non-taxable |
|
| extent of income claim | dependent on medical evidence | "make whole" concept Many factors may stop lost income claim such as business closing or fixed term employment contract or likely termination for cause. |
| discounts to lost income | none | other extraneous factors may impact lost income claim as a % discount |
| LTD insurance | usually policy will be reduced by WC benefits | usually LTD will not offset lost income claim and is non-taxable |
| age limit | at age 63 or after, cap at 2 years | none: based on likely retirement date |
| emotional distress test | Must meet stipulated gradation of mental distress by medical opinion. Some jurisdictions require DSM diagnosis, such as B.C., Ontario and New Brunswick. | none required but medical evidence is preferred |
| Example as in Nova Scotia 1. Traumatic psychological injury from sudden frightening event and diagnosis 2. Gradual onset of psychological injury due to, for example, repeated bullying. Need medical diagnosis. Normal work stressors are not included, such as discipline, time deadlines etc. | ||
| return to work | Weak. Generally it is qualified by number of employees, length of employment and the period of disability. | discretionary |
| human rights violation | not required | mandatory |
| employment definition | conventional | very liberal |
| emotional distress damages | none but employee may file HR complaint | Yes. If employee is unionized, arbitrator may award damages for hurt feelings where a human rights violation is found and may also award damages for emotional harm due to unfair conduct at the time of termination, based on the same proven allegation and, although rarely awarded, punitive damages to punish for deliberate malicious conduct. |
| n/a to "termination" | Generally WC is not available where the emotional suffering is due to decisions relating to employment such as termination, discipline, or a change in working duties. | not applicable |
| solvency of employer | not a factor | vital |