Examples of compensation calculations

Ronaldo is the victim of a criminal act. The event takes place on January 1, 2015. At the time of the event, Ronaldo was single with no dependents. He had a gross salary of $40,000 and 90% of his take home pay equals $27,271.54 per year. Ronaldo's date of birth is July 1, 1970.

Following the assessment of the sequelae and functional limitations, the Direction générale de l'IVAC has determined a permanent disability percentage of 5%.

The calculation will be as follows: ($27,271.54 x 5%)/12 = $113.63 per month in 2015.

The Direction générale de l'IVAC must revalue the amount when the monthly pension starts, which is in 2021.

New reset amount in 2021 for the pension: $124.61 per month.

In certain circumstances, it is possible to allow for a lump sum payment. In this case, the Direction générale de l'IVAC must calculate the amount of the pension in 2021 x 129.20 (the amount corresponding to the actuarial value of a person aged 48, which is Ronaldo's age, at the time the permanent disability benefit is paid).

The calculation will be as follows: $124.61 x 129.20 = a principal sum of approximately $16,099.61.

The actuarial value schedule is available in Appendix E of the Loi sur les accidents de travail (LAT).

Alex was beaten outside a bar by strangers who blamed him for sitting at their table. He suffered several physical injuries including: a fractured larynx, a herniated disc and a fractured sternum. He has no permanent injuries but may receive an amount to compensate for the inconvenience caused by his temporary injuries.

A severity rating for each injury can be found in the injury inventory in Appendix 2 of the Regulation. The square of each severity rating is then added together to obtain the total.

Harm	Gravity rating	Calculation of the square of the ratings of gravity	Total
Larynx fracture	6	6 x 6	36
Herniated disc	5	5 x 5	25
Fracture of the sternum	4	4 x 4	16
Addition results			77

Then compare the result of the multiplication to find the corresponding class and financial aid amount.

Example of calculation

Result of the addition	Severity class	Amount of financial assistance
1 to 8	A	$0
9 to 15	B	$486
16 to 24	C	$808
25 to 35	D	$1,296
36 and over	E	​$1,619

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Since the total of the severity score squared calculation is 77, the severity class is set at E. The amount of the temporary impairment lump sum that Alex will receive is $1,619​.00.

After leaving the convenience store at 10:00 p.m., André was beaten up by strangers who were asking him for money. André suffered several injuries, including a broken back, which caused him to suffer permanent damage to his trunk.

Here is how to calculate the lump sum in this example:

1. Identify the functional and aesthetic units that are permanently impaired. For example, moving and maintaining the trunk because the victim has a back injury as a result of the criminal offense. These functional units can be found in Appendix I of the Regulations for the Règlement sur la Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement.
2. Determine, for each functional unit identified, the severity class representative of the victim's situation. For example, a severity class 3. The severity class can be found in the Regulations for the Règlement sur la Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement.
3. Determine the percentage corresponding to the severity class. In this case, it is 8%.
4. Multiply the determined percentage by the maximum amount. This amount is available in the Regulation respecting the Règlement sur la Loi visant à aider les personnes victimes d’infractions criminelles et à favoriser leur rétablissement​. In this example, the calculation would be: 8% x $283,225 (in 2023​) = $22,658​.