Workers' Compensation Act Flashcards
What is the objective of the Workers’ Compensation Act?
To cover, without ascribing fault, the compensation and rehabilitation of workers who are injured, or who contract a disease related to the workplace.
What is the Workers’ Compensation Act?
A no-fault coverage for the compensation and rehabilitation of workers.
Key difference from civil wrongs is that the NO-Fault aspect.
Details of No-Fault Insurance
Employers pay the entire cost of the system and in exchange:
- employers are protected from being sued by injured workers (workers are not put in the position where they feel compelled to sue their employer)
- under the WCA, workers cannot not sue their employers for on-the-job injuries
- employees can still sue third parties
What are conditions to receive the WCB Benefits?
Eligibility: to be compensable, the injury or disability must be one ‘arising out of and in the course of employment’ (s.5)
Willful Misconduct: if the injury is ‘attributable solely to the serious and willful misconduct of the worker’ the injury will not be covered - unless death or permanent disablement (s.5(3))
Arising out of and in the course of employment: the injury need not result from performance of the job so long as it is reasonably incidental to it.
Who has the onus in disability claims?
The onus is on the worker to show a causal relationship with work.
Occupational diseases are compensable if a causal relationship exists.
What is the significances of schedules B and D to the Workers’ Compensation Act?
Schedule B and D list industrial diseases that arise form specific industrial processes.
If a worker contracts a listed disease, there is a rebuttable presumption that the disease results from the employment.
Mental Stress under the Workers’ Compensation Act
is difficult to establish a claim
three criteria must be met to be eligible for benefits:
– the stress is an acute reaction to a sudden/unexpected event related to employment
– it is diagnosed by a physician or psychologist as a mental or physical condition
– it does not arise in the proceedings involved in making a compensation claim (can’t claim the stress of going thro a claim)
What is the appeal process for claims decisions under the Workers’ Compensation Act?
A worker or employer who disagrees with the decision may request a review by a review officer within 90 days.
If not content with that decision, may file a written notice of appeal with the WCA Tribunal within 30 days.
Who is not covered under the WCA?
Independent contractors, sole proprietors, executive officers. (they can opt in though and pay for coverage)
What is the role of WCB?
To administer the WC Act by hearing all workers’ claims and making determinations as to whether compensation is payable for:
injuries and disabilities, death or vocational rehabilitation
WCB has jurisdiction under s.96 to determine how much should be paid by employers - can exercise discretion regarding working conditions, safety procedures, etc.
What are types of benefits are there under the WCB?
Non-economic loss (impairment is permanent, NEL is given to comp for pain and suffering and loss of enjoyment)
Loss of Retirement Income (where a worker experiences loss of earnings for 12 consecutive months, 5% of LOE benefits are set aside for retirement)
Survivor and Death Benefits (a spouse who survives a worker who has died from a compensable injury)
What are the types of disabilities?
Permanent Total Disability
Temporary Total Disability
Permanent Partial Disability or Disfigurement
Who has the Duty to Co-operate with WCB claims?
Employees and employers must keep in touch, disclose medical info, make any modifications to facilitate an early return, failure by EE may result in a suspension of benefits.
