|JAMES D. L. KERR
|TO: Business Clients||FROM: James D.L. Kerr ● Lawyer
Tel 416 485-4254
Fax 416 485-8836
Certified Specialist Civil Litigation
|DATE: October 21, 2002|
|RE: Workplace Safety & Insurance Act (the "Act")|
OF ACT AND OBLIGATION TO REGISTER:
THE FOLLOWING IS GENERAL INFORMATION RELATING TO THE APPLICATION OF THE ACT:
INJURY TO WORKER:
The Act applies to a worker who sustains a personal injury by accident arising out of and in the course of his or her employment. However, if the accident arises in the course of the worker’s employment, it is presumed to have arisen out of the employment unless the contrary is shown.
The Employer must notify the Board with 3 days of the accident if the accident necessitates health care or results in the worker not being able to earn full wages.
The injured worker must file his/her claim within 6 months, although the Board can extend that time. The worker must provide a copy of his claim to the Employer.
The Employer must continue to provide employment benefits for 1 year after the accident, provided the worker continues to pay his/her share of any cost.
The Employer may request a health examination of an injured worker by a health professional selected and paid for by employer. The health care practitioner must provide a report to the Board and the Employer can request certain information respecting the worker’s functional abilities.
If there is an issue in dispute, the Board shall, upon request, give the Employer access to such documents in the Board’s file about the claim as the Board considers to be relevant to the issue and shall give the Employer a copy of those documents. The worker is, however, entitled to object to the release of his health records; the Board will rule on such an objection.
RETURN TO WORK OBLIGATIONS:
Obligation to Provide/Accept Suitable Employment:The Employer is obligated to provide suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s pre-injury earnings.
Obligation to Re-employ:
The employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer must offer to re-employ the worker. The obligation does not apply in respect of employers who regularly employ fewer than 20 workers.
When the worker is medically able to perform the essential duties of his or her pre-injury employment, the employer must:
When the worker is medically able to perform suitable work (although he/she is unable to perform the essential duties of his or her pre-injury employment), the employer shall offer the worker the first opportunity to accept suitable employment that may become available with the employer.
The employer shall accommodate the worker or the workplace for the worker to the extent that the accommodation does not cause the employer undue hardship.The employer is obligated on until the earliest of,
Cannot Terminate Employment for 6 Months:
If an Employer re-employs a worker and then terminates the employment within six months, the employer is presumed not to have fulfilled the employer’s obligation to re-employ. The employer may rebut the presumption by showing that the termination of the worker’s employment was not related to the injury. There is a three-month limitation on worker’s right to complain about the termination. Default by employer can result in the Board making insurance payments to worker for up to 1 year; such payments are a debt due from the employer to the Board.
The foregoing is not intended to be a comprehensive guide to the applicable
law. General Client Memoranda and mailings from James D.L. Kerr ● Lawyer are
intended to inform clients and acquaintances with respect to current issues
that may be of interest to them. Memos are current to the date shown on the Memo.
The law is constantly changing, however, and for that reason a Memo may not be
completely accurate after it's stated date. Where circumstances warrant, the
advice of a lawyer or other qualified professional should be obtained.
© 2002 James D.L. Kerr